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Articles Posted in New York City

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Court Decides Disposition of Real Estate in Estate Case

This is an application by the surviving spouse of the decedent for an advance payment of her elective share and for an order providing for immediate possession of certain real estate property. By stipulation, the parties provided for payment of $2,500 monthly to the spouse for twelve months, subject to…

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Court Listens to Probate and Discovery Proceeding

A New York Probate Lawyer said that, before the court are a probate proceeding and a discovery proceeding. The decedent, died on June 14, 2008 a resident of Nassau County, survived by her four adult children. Decedent had been married for fifty (50) years. They divorced in April 2001. At…

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Court Decides Case Regarding Accounting of Estate

A New York Probate Lawyer said that, in this probate proceeding, counsel for the executor has objected to a request from the court’s accounting department for the payment of an additional fee of $625.00 pursuant to 22 NYCCR 207.20 [d] upon the executor’s required filing of his “List of Assets…

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Court Decides Validity of Social Services Claim

A New York Probate Lawyer said that, this is a proceeding brought by the executor of the estate of her father, to determine the validity of a claim made by the Nassau County Department of Social Services against the estate for public assistance rendered to wife of the decedent, from…

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Court Discusses Reasonable Attorney’s Fees in Probate Case

A New York Probate Lawyer said that, submitted for decision in this accounting proceeding are the issues of (i) attorney’s fees; (ii) accountant’s fees; and (iii) commissions. The decedent, died on February 26, 1996, a resident of Nassau County, leaving a will dated March 9, 1984. The will was admitted…

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Court Hears Estate Case Regarding Foreclosure Action

A New York Probate Lawyer said that this is an action transferred to this court from Supreme Court, Nassau County, defendant Countrywide Home Loans, Inc. (Countrywide), one of several defendants, moves the court for an order dismissing the complaint as against Countrywide. Plaintiffs oppose Countrywide’s motion and cross-move for summary…

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Court Hears Case Regarding Probate with Foreclosure Involved

In an action transferred to the court from Supreme Court, Nassau County, one of several defendants, a Home Loan corporation, moves the court for an order dismissing the complaint against it. Plaintiffs opposed such motion and cross-move for summary judgment dismissing the answer, or, in the alternative, striking its fourth…

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Petitioner Moves for Summary Judgment

A New York Probate Lawyer said in an action transferred to the court from Supreme Court, Nassau County, one of several defendants, a Home Loan corporation, moves the court for an order dismissing the complaint against it. Plaintiffs opposed such motion and cross-move for summary judgment dismissing the answer, or,…

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Court Decides Case Regarding Submission of Final Decree

A New York Probate Lawyer this contested probate proceeding the attorneys for the executor, on submission of a final decree for probate, seek an allowance in the amount of $20,000 for attorneys’ fees, to be charged personally against the respondent pursuant to SCPA 2302(3)(a). Respondent likewise seeks an allowance in…

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