The Facts of the Case: On 26 October 2000, a decedent died with a Last Will and Testament dated 23 March 1995. Under the will, the decedent left her estate to her two sisters, A and B, or the survivor; named A as executor and B as successor. A predeceased…
Articles Posted in Wills
Petitioner Alleges Fraud in Will Contest Proceeding
The Facts of the Case: On 8 January 2006, the decedent died with a will dated 31 December 1993. On 26 April 2007, the decedent’s will was admitted for probate (will contest proceeding) by the court and a decree was thereafter issued, and letters testamentary also issued to the decedent’s…
Court Rules on Complex Will Contest Case
The Facts of the Case: On 2 October 2005, a resident of Sands Point died with a will dated 6 June 1996. He is survived by his wife, his children, A, B and C, and his granddaughter, X, the infant daughter of a predeceased son, D. On 21 September 2006,…
Plaintiff Seeks Summary Judgment in Property Dispute
Defendant Neptune Estates, LLC (“Neptune”), owner of 380 Neptune Avenue, Brooklyn,, NY (“Property”), entered a contractor’s agreement with defendant Big Poll Construction, Inc. (“Big Poll”) whereby Big Poll would act as the general contractor on a construction project on the Property (“Project”). In February 2009, plaintiff entered two subcontractor agreements…
Case Involving Testamentary Assets Transferred to Surrogate Court
This is a case being heard in the Supreme Court, Appellant Division, and Third Department. The case before the court is an appeal from an order made in the Supreme Court at Special Term that granted the defendants motion to remove the action to Queens County Surrogates Court. Case Background…
Court Decides Contested Probate Proceeding
Queens Probate 25 This is a case being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The case involves a contested probate proceeding. The proponent is appealing an order that was made in the Surrogate’s Court of Westchester County. The order…
Petitioner Contends Undue Influence
Queens Probate 26 This is a probate proceeding being held in the Second Department, Appellate Division of the Supreme Court of the State of New York. In this case the residuary legatee, who was named in a will dated December of 1955, offered it for probate as the last will…
Court Decides Whether Opening a Bank Account Constitutes a Settlement
This is a case of appeal regarding probate. The case is being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. The appellant is appealing a decree that was made in the Surrogate’s Court of Queens County. The decree admitted a will to…
Respondent Claims Right to Letters of Administration
This is a matter being held in the Second Department, Appellate Division of the Supreme Court of the State of New York and involves the probate of a will. The petitioner is appealing an order that was made in the Surrogate’s Court of Queens County on the 12th of January,…
Court Explains Powers of an Executor
The case is being heard in the Special Term of the Supreme Court located in Queens County part 1. Motions A New York Probate Lawyer said there are several motions made in regard to this matter. The plaintiff is seeking that separate defense be struck out and the counterclaim against…