This is a case being heard in front of the Supreme Court of the State of New York, Appellate Division, and Second Judicial Department. The case is a contested probate proceeding. The objectant of the case is appealing a decree made by the Surrogates Court of Queens County. The decree…
Articles Posted in Wills
Court Interpretes Last Will and Testament
This is a probate matter dealing with the will of the decedent. In this proceeding it has been requested that a construction of specific paragraphs of the decedents will be conducted. A New York Probate Lawyer said in the second paragraph of the will it is clearly written that the…
Petitioner Challenged Bequest of Retirement Account
This case is being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. A New York Probate Lawyer said this is an appeal made by the petitioners of the matter. The petitioners are appealing an order that was made in the Surrogates Court…
Executor Petitions for Judicial Settlement
This is a case being heard in the Second Judicial Department of the Supreme Court of the State of New York, Appellate Division. The case is a probate proceeding where the executor of the estate petitioned for judicial settlement of the decedent’s estate. A New York Probate Lawyer said the…
Court Looks at the Intent of the Decedent
Establishing the jurisdiction that will handle a probate action in a New York Probate Court sometimes requires the knowledge of the decedent’s entire residential history. Just because a person dies in one county does not mean that the probate should be handled by that county. Probate in New York Law…
Court Finds Executors Pay Excessive
This is a case being heard in the Surrogate’s Court of Queens County. The court has started this proceeding in regard to its own administrative rule that requires an account to be filed within a year of the date a fiduciary is appointed who is also an attorney. Case Background…
Petitioner Claims Will Not Valid
An instrument alleged to have been executed in December of 1955 by the decedent is being offered for probate in the Surrogate’s Court of Queens County. The instrument names an executor and an attorney and draftsman as well. Case Background The decedent passed away in April of 1957. She was…
Action Brought to Foreclose on Property
The case deals with the estate of the decedent of which the distributees are unknown. The Supreme Court of the State of New York in Suffolk County is overseeing this particular matter. Case Background This action was commenced to foreclose a mortgage on real property located at 83 Orange Street,…
Respondent Filed a Petition for Letters
This case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The appeal in this case involves an application made by the administratrix of an estate to disqualify the attorney as her co-administrator. The attorney previously represented both parties but…
Siblings Fight Over Deceased Parent’s Bank Accounts
This is a case being heard in the First Department, Appellate Division, of the Supreme Court. This issue being appealed in this case is whether the petitioner, who is the son of the decedent and the ancillary executor of the estate, has overcome the presumption that certain joint bank accounts…