In this case the Surrogate’s Court considered whether the petitioners presented sufficient evidence of undue influence for the court to declare a will invalid. When J. Malone passed away, a petition to probate her will was filed. Several relatives, collectively the objectantS, filed objections contesting the validity of the will…
When a testator nominates someone to serve as the executor of his (or her) estate, the court does everything possible to fulfill the wishes of the testator by appointing that person. Courts are loathe to substitute their judgement for that of the testator. However, if the court determines that the…
Testators often include provisions for successor executors to take over the responsibilities of administration in the event that the primary executor is not able or is unwilling to serve through the entire period of administration. Naming a successor trustee also provides for a more efficient transfer of responsibility in the…
In the case of In re Carney’s Will, the Surrogate’s Court considered whether it should allow a party to reopen probate and contest a will a year after the will was admitted to probate letters testamentary issued to the executor. New York requires that certain procedures must be followed to…
In a contentious probate case, the specific issue that is before the Surrogate’s Court is whether it should revoke the letters of the preliminary executor based on misrepresentations and negligence. Under New York law, regardless of who a testator nominates in his (or her) will to serve as executor of…
The issue before the Surrogate’s Court is whether a copy of a subsequent will is sufficient to revoke a prior will and prevent it from being probated. This matter is related to probating a will dated May 27, 1997, which is purported to be the last will and testament of…
NY Slip Op 05266 The petitioner brought this case to enforce an oral agreement that would be void because of the statute of frauds. The petitioner’s grounds for this action are unconscionability of the statute of frauds. The court agrees that when promissory estoppel is satisfied it would be unconscionable…
In this case the Surrogate’s Court considers the whether to grant a petition for guardianship of a person who suffers from intellectual and physical disabilities and is unable to care for herself. Petitioner Laut appeals the denial of a petition she filed under SCPA Article 17-A for guardianship of her…
In this case the Surrogate’s Court had to decide how to make sure that a testator’s overall testamentary plan remained intact where a portion of the will is determined to be invalid. A. Dawe died on March 11, 2014. He was never married and never had children. He was survived…
In this case the Surrogate’s Court considered the issue as to whether to entertain an objection to probate of a will 30 years after it was originally admitted to probate. This case relates to the probate proceeding of the will of decedent Schnall. Schnall executed the will in 1976. She…