Families often find themselves entangled in disputes over wills, particularly when claims of lacking testamentary capacity and undue influence arise. Such disagreements frequently arise due to differing interpretations of the deceased’s intentions or changes in familial dynamics. Courts, cognizant of the gravity of these allegations, meticulously assess each claim. To…
In New York, being of “sound mind” to execute a will means that the testator must possess testamentary capacity. See EPTL § 3-1.1. This entails understanding the nature and consequences of making a will, knowing the extent of one’s property, and recognizing the natural beneficiaries. While a presumption of having…
When someone who lived elsewhere passes away but owns property in New York, a probate proceeding can be initiated in the Surrogate’s Court in the county where the property is located. SCPA § 206 [1], which grants the Surrogate’s Court jurisdiction over the estate of a non-domiciliary decedent who leaves…
In New York, having standing to contest a will means having a direct and adverse interest in the probate proceedings. To challenge a will, an individual must demonstrate a pecuniary or financial stake in the estate that would be adversely affected by the will’s admission to probate. Simply being an…
Matter of Dillon, 2017 NY Slip Op 27388 involves the estate of Terry J. Dillon, who died intestate in Maryland in 2016. A Small Estate Petition was filed in Maryland, where the decedent’s son, Jason M. Dillon, was appointed as the personal representative. Subsequently, Jason filed a petition in New…
In the intricate landscape of estate administration, the case of Douglas A. Bender’s intestate demise brings to light the complexities surrounding wrongful death claims and the allocation of settlement proceeds. This blog delves into the details of the case, exploring the legal intricacies, orders of the court, and the pivotal…
Contested probate proceedings often unravel complex familial dynamics and legal intricacies, and the case at hand is no exception. In this case that was heard by the Surrogate’s Court, Kings County, the issue of fraud and undue influence in the execution of Maria Capuano’s will was at issue. Undue influence…
The intricacies of wrongful death settlements often unravel in unforeseen ways, as evidenced by Matter of Buscemi, 32 A.D.3d 1021 (N.Y. App. Div. 2006), a case that developed following the death Lorraine C. Buscemi’s tragic demise. A wrongful death compromise arises when an individual’s demise results from another party’s wrongful…
Undue influence in the context of probate refers to the exertion of improper pressure or coercion that significantly impacts an individual’s free will in executing a will or trust. It involves manipulating the testator to make provisions that they may not have otherwise made, undermining their independent decision-making. The legal…
A contested will refers to a legal situation where disagreements arise among heirs or beneficiaries regarding the validity or terms of a deceased person’s will. Such disputes often involve challenges to the will’s authenticity, claims of undue influence, coercion, or disputes over the rightful distribution of assets. When individuals contest…