Matter of A. NY Slip Op 05842 The co-executor of the estate petitioned the court pursuant to 2103 to determine if certain funds were withheld from the estate of A. This appeal is from 2 Surrogate Court orders brought by A.S. Those orders denied AS her cross-motion pursuant to CPLR…
Ballasalmo died at the age of 95, leaving 2 daughters, Knuth and Ayers as her distributees. Petitioner, the decedent’s niece-in-law, submitted a document dated August 16, 2007, purportedly as Ballasalmo’s last will and testament. The will stated that Ballasalmo’s entire estate was to be divided between the petitioner and her…
In this probate case the court considered the question as to whether it has the authority to consider extrinsic evidence in the determining how to interpret ambiguous terms of a last will and testament. In her last will and testament, decedent Bruce made a provision as to the disposition of…
The respondent MJP holdings moves for an order dismissing the petition for lack of subject matter jurisdiction, and because a prior action is pending for the same issue in a different court. Despite the fact that the proceeding was heard on 6/1/18, the history of this case goes back 40…
Matter of S. 2017 NY Slip Op. 07446 October 25, 2017 Decision This case is an appeal from Kings County Surrogate Court. The order vacated a prior order from July 2015 which denied the motion of CB and ME for a summary judgment, dismissing BB’s objections to probate. The court…
In this case the Surrogate’s Court had to consider issues related to a contested guardianship under Mental Hygiene Law Article 81 and invalidating a property conveyance by the person who is the subject of the guardianship. Mental Hygiene Law Article 81 provides that upon petition, the Surrogate’s Court can appoint…
In this probate proceeding the court had to address an issue related to the construction of terms in the will related to the restriction on the disposition of real estate. Decedent M. Bonanno died in 2002, leaving a last will and testament dated August 1, 1983. The Surrogate’s Court admitted…
In this case the Surrogate’s Court had to determine if a will should be invalidated due to improper execution, lack of testamentary capacity, and undue influence. On October 19, 2015, the Surrogate’s Court entered the will of decedent L. West into probate. An objectant, P. West, raised objections to the…
The issue before the Surrogate’s Court is whether a will was properly executed. New York estate law requires that in order for a will to be valid, it must meet certain technical requirements related to execution. That is the requirement now, and it was also the requirement decades ago when…
In this case, the Surrogate’s Court was asked by two of the decedent’s creditors to revoke the estate administrator’s letters of administration because in petitioning the court for letters of administrator, the petitioner mispresented his status as a distributee of the decedent’s estate. The decedent, J. Young, was a successful…