A decedent was survived by his wife (a person under disability represented by a guardian ad litem), an adult son (petitioner) and four adult grandchildren and the issue of a predeceased child. Under the decedent’s will, his entire estate was left to the decedent’s lifetime trust, which in turn leaves…
Articles Posted in New York City
Court Determines Appropriate Legal Fees for Probate Case
In an accounting proceeding, the court is presented with the issue of determining the amount of attorney’s fees and accounting fees to be granted to be charged against the estate of the decedent. Decedent is a resident of Nassau County who left a will that was admitted for probate by…
Court Decides Payment of Legal Fees for Administration of an Estate
A resident of Uniondale, on 26 December 1998, died. The decedent left a will dated 15 June 1979 which bequeathed her entire residuary estate to her nephew, who post-deceased the decedent. The Public Administrator was appointed temporary administrator of the estate on 14 April 2005. Decedent’s will was admitted to…
Court Decides Jurisdiction of a Will Contest
This is an appeal filed in the Supreme Court by a party who objected to the probate of the will of a decedent in the Surrogate Court of New York. The facts of the case state that the decedent was a resident of New York. Sometime in his life, he…
Court Determines of Undue Influence Involved in Will Case
A lady testator co-owned an apartment building in New York with her two sisters. The bulk of her estate came from her share in the rent income she derived from the apartments and the value of the apartment building and its premises. She executed a will on September 16, 1997…
Petitioner Brings Will Contest Action
A man executed a will in January 23, 1962. In this will the man made bequests of jewelry and personal property; devises of real property; and a trust to his widow. The value of the gifts and benefits he gave to her in the will amounted to $7,500,000.00. He also…
Court Determines if it has Proper Jurisdiction for Probate
In this case, the only issue that has to be determined by the court is whether or not it has jurisdiction to entertain the probate of the decedent’s last will and testament. The facts of the case state that the decedent was a resident of New York when he executed…
Court Says it has the Power to Compel Fiduciary to Produce Information
A testator died and his executrix successfully had his will admitted into probate. The executrix had already rendered an accounting of the properties of the estate and she was in the process of litigating claims for and against the estate. She is readying the estate for distribution to the distributees…
Court Decides Jurisdiction Between French and NY Wills
This case started in 1951 when one of the heirs of the decedent applied for ancillary letters of administration concerning holographic will that was said to be executed in France. In his petition, it was alleged that the decedent was a resident of France who died in the same country…
Court Decides Will Contest Issue
A father of three children died on December 26, 1960 in New York County. In January of the following year, a petition for the probate of two presented wills was filed in New York County Court. The petition was filed by the special guardian for the children alleged that the…