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…
New York Probate and Estate Administration Lawyer Blog
Plaintiff Brings Motion to Substitute Executor
Probate Lawyers 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 bill of…
Plaintiff Brings Declaratory Judgment
A Probate Lawyer said in this action for a declaratory judgment in which the defendants have counterclaimed for judgment declaring the rights of the parties as they claim them to be, the latter have moved for summary judgment as prayed for in their counterclaim. The plaintiffs, in accord with the…
Court Deals with Conflicting Interpretation of a Will
Probate Lawyers said before the Court is the petition of Mr. Dm for the construction of Clause Second of the Last Will and Testament of his mother, Mrs. M. The decedent died June 14, 1984 survived by her son, Dm, the petitioner herein, as her sole distributee. Mrs. M’ Will…
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,…
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…
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…
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…
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…
Court Determines What Constitutes Reasonable Legal Compensation
Probate Lawyers said in this probate proceeding in which the successor trustees of a living trust petitioned for the judicial settlement of their account. A Petition was filed by the attorney for the successor trustees, filed an Appeal, as limited by his brief, from so much of a decree of…