A New York Probate Lawyer said that, in this accounting by the Public Administrator of Nassau County as administrator of the decedent’s estate, the issue of kinship was referred to a referee pursuant to SCPA 506. All parties stipulated to waive the report of the referee and to allow kinship…
Articles Posted in Wills
Petitioner Moves for Formal Accounting in Estate Litigation
A New York Probate Lawyer said that, the decedent, died a resident of Nassau County on December 28, 2010, survived by his sister, the petitioner; and by his brothers respondent and movant herein, and. The decedent’s last will and testament dated May 23, 2000 was offered for probate by the…
Court Decide Issue of Estate Tax in Estate Case
A New York Probate Lawyer said that, the decedent, died on January 4, 2006, survived by two children, the petitioners herein. A purported will dated July 16, 2003 and codicils dated September 29, 2004 and April 5, 2005 (herein collectively referred to as the “purported will”) have been offered for…
The Issue in this Case is Whether Petitioner’s Petition for Reconveyance Should be Granted.
A New York Probate Lawyer said that, petitioners are who are, respectively, the suspended co-executor and the temporary co-administrators of the Estate of the decedent (hereinafter the estate). Respondent is the suspended co-executor of the estate. Petitioners commenced these proceedings to remove respondent as co-executor and to surcharge him for…
Fraud Alleged in Will Contest Proceeding
A New York Probate Lawyer said the complainant alleges that she, along with her father and sister are joint tenants with rights of survivorship in a brokerage account maintained at a Securities Company. The account at the Securities Company was transferred to a joint account in a Financial Services Company.…
Court Addresses Calulation of Life Estate Interest
A New York Probate Lawyer said the Incapacitated Person is 95 years of age, having been born on December 8, 1914. On March 1, 2004, he transferred his fee ownership interest in the Glen Head, New York real property in which he resided to his daughter, while retaining a life…
Court Discusses Jurisdiction Issue in Probate Proceeding
A New York Probate Lawyer said a woman died in Greece and her premises was transferred into a trust, which is irrevocable. The trust document, which was in English, was prepared by the woman’s attorney. The said attorney was also named as the trustee of the trust. A deed transferring…
Court Decides Degree Vacating Probate
A New York Probate Lawyer said that, in this proceeding to vacate a decree of probate, the respondent, moves for an order pursuant to CPLR 2221 (d) and (e) renewing and rearguing her motion for an order directing the petitioner, to submit to a court admissible Sibling Full DNA Test…
Petitioner Alleges Undue Influence
A New York Probate Lawyer said that, in this contested probate proceeding, the proponent moves for an order pursuant to CPLR 3212 granting summary judgment dismissing objections to the offered will and admitting it to probate. The decedent died on March 19, 2006. Decedent had no issue nor any known…
Court is Asked to Determine Attorneys Fees
A New York Probate Lawyer said that, in this proceeding, the court is asked to determine the attorneys’ fees due the former counsel for the executors of the decedent’s estate. The decedent died a resident of Nassau County on January 30, 2011. A last will and testament, dated December 28,…