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New York Probate and Estate Administration Lawyer Blog

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Court Hears Motion to Substitute Executor for Will

A Probate Lawyer said this is a motion to substitute the executor of the Last Will and Testament of the deceased as plaintiff herein and to permit the said Executrix upon substitution to serve an amended complaint to include therein an action for wrongful death; and to serve an amended…

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A Determination is Sought as to the Validity of a Devise of Real Property

In this construction proceeding a determination is sought as to the validity and effect of a devise of real property contained in testatrix’ will. A Probate Lawyer said the testatrix died on May 13, 1932 survived by five daughters, and children of a predeceased daughter. Testatrix’ will dated February 4,…

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Court Hears Claim Brought by State Department of Mental Hygiene

Probate Lawyers said that this issue is a frequently recurring problem in the Surrogate’s Courts, that of claims against estates or beneficiaries of estates by the State Department of Mental Hygiene. Testator M died August 9, 1975 leaving his widow S as his sole distributee. His will executed in 1968…

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Court Decides if Widow Entitled to Maximum Exemption Regarding Estate Tax

Probate Laywers said that sources revealed that the decedent died leaving a joint will entered into with his wife. Under the provisions of that will all property of the person first dying is bequeathed to the survivor; upon the death of the survivor ‘all of the property of which he…

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Court Determines the Validity of a Notice of Election

Probate Lawyers show that the instant proceeding was commenced by the executors pursuant to section 145-a of the Surrogate’s Court Act to determine the validity and effect of the widow’s notice of election served and filed pursuant to section 18 of the Decedent Estate Law. However, after commencement of the…

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A Convicted Felon Files for Guardianship

Probate Lawyers said that according to sources, a convicted felon who is unrelated to two subject children has filed for guardianship of these children who presently reside with him and his wife. The maternal uncle and adopted brother of the children has cross-petitioned for guardianship of the two subject children…

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