Decedent died in 1949 leaving a will which he had executed in 1919, some 30 years before his death which was duly admitted to probate. A New York Probate Lawyer said in Article THIRD, the will created a trust for the life income benefit of testator’s wife. Upon her death,…
New York Probate and Estate Administration Lawyer Blog
court Decides Who Should Receive Life Insurance Proceeds with Reciprocal Will Issue
A New York Probate Lawyer said that decedents were husband and wife, presumably died simultaneously in a fire in their home on December 13, 1959. Decedents left reciprocal wills which were duly admitted to probate in Wayne County on January 15, 1960. On that day Letters Testamentary on their wills,…
Petitioners Request Settlement of Their Account as Surviving Trustees
New York Probate Lawyers said this is a proceeding by the petitioners, and a Bank, for the judicial settlement of their account as surviving trustees of an express trust created by the father in a letter writing dated March 10, 1902, and for the construction of the trust instrument in…
Validity of Italian Wedding in Question in Estate Administration Proceeding
A New York Probate Lawyer said that the petition in this probate proceeding describes the respondent, as decedent’s ‘alleged widow’. The latter claims that she married decedent by proxy in a civil ceremony performed in San Mauro La Bruca, Province of Salerno, Republic of Italy, on October 26, 1950, in…
Objectant Seeks Order Dismissing Probate Proceeding
A New York Probate Lawyer said that, in this contested probate proceeding, petitioner seeks a declaration that the proceeding was commenced on December 8, 2005, before the commencement of a probate proceeding in Arizona. Objectant seeks an order dismissing the probate proceeding on the grounds that this court lacks subject…
Court Rules on Holdover Proceeding
A New York Probate Lawyer said this is a probate proceeding where the decedent’s son, who is the sole distributee and the sole income beneficiary of a testamentary trust consisting of the entire residuary estate, seeks to revoke his waiver and consent to probate so that he may conduct SCPA…
petitioners Move to Withdraw Petition for Probate
A New York Probate Lawyer said this is a proceeding where petitioners move to withdraw their petition to probate a copy of a testamentary instrument as a lost will pursuant to SCPA 1407and have letters of administration issue instead. The pertinent facts are as follows: A New York Estate Lawyer…
Decedent’s Granddaughter Alleges Failure of Due Execution, Fraud
New York Probate Lawyer said that on 20 March 2012, the decedent at the age of 107 years old died and left a will dated 1 August 1991. She was survived by three distributees, her daughter and the nominated executrix, OJ, and two grandchildren, AC and CC, children of decedent’s…
Court Looks at Motion to Vacate
A New York Probate Laywer said on 17 June 2007, seven months after executing her will, the decedent, AB, died. Her husband predeceased her in 2001, and she never had any children, biological or adopted. The decedent was survived by six distributees: NK, GKH, and EKS (children of the decedent’s…
Court Decides Motion to Vacate Will
A New York Probate Lawyer this is a proceeding where JPM Bank (JPM), co-executor, moved pursuant to CPLR §5015(a)(2) to vacate the decree admitting to probate the decedent’s will dated 24 June 2005 (2005 Will) due to newly discovered evidence. Several charities, the residuary legatees under a prior instrument that…