NY Slip OP 05895-August 25, 2016 The decedent died on July 14, 2016, without a plan for what would happen to his law office in the event of his passing. The local bar association, Tompkins County Bar Association(TCBA) moved for an Order to appoint a lawyer as a custodian of…
New York Probate and Estate Administration Lawyer Blog
Appellate Court Decides Validity of Duplicate Wills
In re: Lewis NY Slip Op 04674 In this case, the decedent RL, left no will. Letters of Administration were issued to her parents. The parents had renounced their interest in the estate in favor of the decedent’s brothers, RL and JL. There was a piece of property that would…
Petitioner Seeks Limited Letters of Estate Administration
This is an application for limited letters of temporary estate administration. Decedent executed a will in Ireland which was witnessed by the manager for the United States Lines in Ireland and the American Consul in Cork. Beside a small bequest to a friend, the entire residuary is bequeathed to the…
Executrix Petitions for the Construction of a Will
On December 2, 1999 a will was admitted to probate on August 16, 2001, reads as follows: “All the rest, residue and remainder of the property which I may own at the time of my death, real and personal, and whosesoever the same may be situate.” There is no more.…
Court Interpretes Living Trust
There are three proceedings pending in the estate of the decedent: (1) a miscellaneous proceeding to declare the decedent’s Living Trust dated March 19, 2001 invalid; (2) a proceeding to probate an instrument dated March 19, 2001 as the decedent’s last will and testament; and (3) a proceeding by respondent…
Petitioner Seeks to Compel Production of Wills
In these two proceedings to compel the production of the wills of the testator, ask the court to seal the documents which have been produced by the respondent. By petitions dated July 25, 2008, petitioners sought to compel the New York City Police Department (NYPD) to produce documents in their…
Defendant Moves for Judgment on the Pleadings
A Probate Lawyer said that, defendant moves for judgment on the pleadings pursuant to Section 476 of the Civil Practice Act on the ground that plaintiffs’ complaint fails to state a cause of action. The motion is granted. The complaint alleges that plaintiffs are sons of the decedent, there is…
Objectant Moves for a Trial by Jury
In this contested probate proceeding, objectant pro se, moves for an order granting her a trial by jury. The proceeding was commenced by petitioner on December 15, 2005. The objectant filed objections to probate on August 3, 2006.The decedent died testate on October 24, 2005. Petitioner is decedent’s sister; she…
Court Determines Fate of Lost Will Codicil
This is an uncontested proceeding to probate a copy of the last will and testament of the decedent. The will is dated March 2, 1981, the original of which cannot be located; the decedent died April 4, 1981. The petitioner is the decedent’s daughter-in-law, the surviving spouse of the decedent’s…
Petitioner Brings Proceeding for the Judicial Settlement of the Final Account
In a proceeding for the judicial settlement of the final account of the preliminary executors and the executors of the will of the deceased, for the period from November 1, 1995, through May 28, 1999, the petitioner appeals, as limited by his brief, from so much of an order of…