A New York Probate Lawyer said that, in this uncontested probate proceeding, the court is asked to dispense with the filing of a bond by the nominated trustee due to a purported scrivener’s error in the will. The decedent died a resident of Nassau County on February 4, 2007. A…
Articles Posted in Wills
Court Decides if Objections to Guardian Ad Litem Report Should be Granted
A New York Probate Lawyer said that, in this probate proceeding, the decedent was survived by her husband and her three adult children. The propounded instrument nominates all three sons as co-executors and bequeaths the entire estate to them, to the exclusion of her husband. The decedent’s husband is a…
Court Rules on Reasonable Attorneys Fees in Probate Case
A New York Probate Lawyer said that, the decedent died on June 4, 1931, a resident of Nassau County. His will dated November 26, 1930 was admitted to probate by decree dated June 15, 1931. The will created a trust for the benefit of the beneficiary under Article ELEVENTH. Letters…
Court Rules on Action to Vacate Deed
A New York Probate Lawyer this is an action to vacate a deed or, in the alternative, impress a constructive trust, which was originally commenced by RM, as executor of the estate of MM, in the Supreme Court of Nassau County. The proceeding was later on transferred to the court…
Respondent Contends Court Lacks Subject Matter Jurisdiction
In this Will Contest case, a motion by the executor for an order consenting to a transfer to this court of an action currently is pending in Supreme Court, New York County. Respondent argues that this court lacks subject matter jurisdiction of the dispute and that Nassau County is not…
Disinherited Daughter Challenges Will
The decedent died leaving a will. The will nominates 2 s executors but one of them renounced his appointment. The decedent was survived by his two adult children. A New York Probate Lawyer said that the will provides that the decedent’s entire residuary estate shall be distributed to decedent’s companion.…
Court Rules on an Application for Letters Testamentary
A New York Probate Lawyer said this is an application for preliminary letters testamentary. The decedent died in December 2005 leaving a will (the “2005 Will”) and a prior will in January 2003 (the “2003 Will”). The 2003 will nominates the decedent’s daughter as executor and another daughter as successor…
Court Decides Case Where Will is Lost
A New York Probate Lawyer said by this proceeding, the petitioner, the nominated fiduciary, seeks to admit to probate a copy of the last will of decedent, the original not being found after the death of the testator. The decedent’s will was executed in 2009. A New York Will Lawyer…
Objectant Moves for Disqualifying Counsel
A New York Probate Lawyer said this probate proceeding, objectant moves for an order disqualifying counsel, the petitioner and nominated executor under the will of the decedent. The lawyer crossmoves for sanctions on for making a frivolous motion. A New York Will Lawyer said that the motion was brought in…
Court Determines Fee to be Paid to Guardian Ad Litem
A New York Probate Lawyer said that, the decedent, died a resident of Nassau County on March 2, 2007, leaving a last will and testament dated June 4, 1993. A petition for probate was filed by a legatee under the will who was related to the decedent by marriage. By…