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…
Articles Posted in Wills
Court Discusses Appointment of Guardian Ad Litem
A New York Probate Lawyer said in this probate proceeding, the guardian ad litem for the decedent’s minor children has submitted a preliminary report wherein she recommends that the purported will be admitted to probate if construed and/or reformed as suggested in her report. A New York Will Lawyer said…
Court Rules on Stipulation of Settlement
In connection with a petition for probate, the court has before it for review a stipulation of settlement which was expertly negotiated and crafted by the guardian ad litem appointed to represent the interests of decedent’s sister. A New York Probate Lawyer said that decedent, a resident of New Hyde…
Petitioner Claims Fiduciary is Unable to Serve
A New York Probate Lawyer said the decedent died in January 2008 in Moscow, Russia, leaving a purported will which nominates the decedent’s attorney, and respondent, as executors. Preliminary letters testamentary issued to them by decree of this court in April 2008. The purported will bequeaths the decedent’s 75% interest…
Court Decides Case Regarding Petitioners Motion for Summary Judgment
A New York Probate Lawyer said the decedent in this Probate action is a resident of Nassau County. She was survived by three distributees, her adult children (2 daughters and a son). She was also survived by her second husband, a lawyer. An instrument dated March 11, 1996, has been…
Court Hears Case Regarding Validity of Will
A New York Probate Lawyer said in this contested probate proceeding, the proponent moves for an order granting summary judgment dismissing the objections and admitting the will to probate. The youngest son of the deceased man cross-moves for summary judgment to authorize the immediate distribution of $2,000,000.00. A New York…
Court Decides Case Regarding Lost Will
A New York Probate Lawyer said a deceased man was survived by his wife and three adult children. Afterward, his last will was offered to probate. The man’s 2003 last will bequeathed his personal property, shares of stocks and real property to his wife. A trust is also established for…
Court Discusses Revocation of a Waiver
On 22 April 2009, EB, a resident of Nassau County died purportedly leaving a will dated 20 March 2009. He was survived by his wife from a second marriage, JB, and by five children. A New York Probate Lawyer said that under the purported will, one-third (1/3) of the residuary…
Court Discusses Case Involving In Terrorem Clause
A New York Probate Lawyer said a petition for the probate of an instrument dated 11 March 2008 was filed by the nominated executor before the court along with the recovery of property alleged to be an asset of the estate pursuant to SCPA 2103. A New York Will Lawyer…
Court Rules on Case Involving a Terrorem Clause
A New York Probate Lawyer said that, before the court is a petition for the probate of an instrument dated March 11, 2008. Petitioner is the nominated executor. Respondents are children of decedent and children of a predeceased son. Also pending before the court is a proceeding by the nominated…