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Articles Posted in Wills

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Court Rules on Will Modification

A woman died and survived by her two adult children. Her son is married and had two children. Her daughter is the nominated administrator of her last will, as well as the complainant in this matter. The last will was offered for probate. A New York Probate Lawyer said but,…

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Court Rules on Setting Fees for Legal Counsel of the Executor

A New York Family Lawyer said in this uncontested accounting proceeding are the issues of the fees of counsel for the executor, accountant’s fees and reimbursements to the executor of sums advanced by the counsel. A woman died as resident of Massapequa, New York. She was survived by her son,…

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Court Discusses the Surrogate’s Court Protection Act

A New York Probate Lawyer said the decedent woman died leaving a will dated April 5, 1999 (the 1999 will) and two prior wills dated June 5, 1998 (the 1998 will) and November 26, 1997, all of which were filed with the court. All three wills nominate the decedent’s sister…

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The issue in this case is whether the surrogate court erred in directing a guardian ad litem to commence a proceeding on his ward’s behalf.

A New York Probate Lawyer said that, in this uncontested probate proceeding, the petitioner, the decedent’s surviving spouse who is the nominated executor, the sole residuary beneficiary and the trustee of the Article SIXTH trust under the offered instrument. Upon motion of petitioner, this matter was transferred to this court…

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Court Discusses Validity of a Will

A New York Probate Lawyer said that, this is an application brought on by the administrator through an order to show cause to restrain certain corporations in which this estate owns shares from transferring such stock on the authority of a person to whom letters testamentary have been issued by…

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Court Discusses Proving Testamentary Capacity

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 the objections and admitting the propounded instrument dated March 19, 2003 to probate. The objectant is the son of the decedent. The propounded instrument…

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Court Decides if the Account of the Public Administrator Should be Granted

A New York Probate Lawyer said that, before the court is the first and final account of the Public Administrator for the estate of the decedent, who died intestate, a resident of Uniondale, on December 26, 1998. Decedent left a will dated June 15, 1979 which bequeathed her entire residuary…

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Court Decides Whether Accounting Fees and Attorney’s Fees Should be Approved

A New York Probate Lawyer said that, in this accounting proceeding, the only issues before the court are the approval of attorneys’ fees and accounting fees. The decedent died on November 25, 2004, a resident of Nassau County leaving a will dated October 12, 2004, which was admitted to probate…

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Petitioner Moves for Summary Judgment in Will Contest Proceeding

This is a probate proceeding wherein petitioner, A, moves for summary judgment pursuant to CPLR 3212 dismissing the objections to probate of the respondent, B, and admitting into probate the last will and testament of the decedent dated 7 April 1997 and a codicil dated 2 August 2006. The court…

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