In this case, the Appellate Division, Second Department, considered whether the Surrogate’s Court of Kings County erred in dismissing the objectant’s objections and admitting the decedent’s will to probate. Background The decedent died on May 20, 2014 leaving a will dated March 28, 22014. The petitioner filed a petition for…
In a contested probate case, the court considered whether there was an triable issue of fact with respect to whether the decedent had been subjected to undue influence at the time that he executed his will. Background On December 22, 2016, the decedent died after a terminal illness. He left…
In In re Kaufman, the Appellate Division was asked to determine whether the Surrogate’s Court erred in suspending the letters of co-executors without an evidentiary hearing. When a testator makes a will, it is their last opportunity to let the world know what they want to happen to their property…
In In re Steward the court considered whether the Surrogate’s Court erred in denying a motion to suspend co-administrators where the co-administrators were unable to get along. SCPA § 711 describes the circumstances under which a court can revoke letters of administration: Wasted assets. The court has the authority to…
In In re Scott the Surrogate’s Court of Bronx County considered whether to extend preliminary letters testamentary over objections. The petitioner, the decedent’s step daughter, was nominated in the decedent’s December 21, 2019 will to serve as the executor. The decedent died on January 30, 2020. On July 31, 2020,…
In In re Lewner, the Surrogate’s Court of New York County was asked to revoke the authority of the administrator of an estate on the grounds that he had not been fulfilling his fiduciary responsibilities. The decedent died on May 19, 2016 leaving an estate with a value of over…
In In re Holmgren the petitioner, Philip Holmgren, submitted his sister’s will for probate. Even though the will was not contested, because of the novel circumstances surrounding the execution of he will, the Surrogate’s Court, Queens County issued a written opinion as to whether a will that was executed under…
In In re Ryan the petitioner asked the Surrogate’s Court of Broome County to admit a will to probate that was executed under the requirements of special rules that were put into effect to make sure that social distancing requirements where followed. Requirements for executing a will in New York…
In In re Koutsakos the petitioner asked the Surrogate’s Court of Queen’s County to admit a handwritten will to probate. The will was dated March 18, 2020. Requirements for executing a will in New York For a will to be valid in New York, it must be written and executed…
On August 12, 2018, Kranz-Marks passed away. She left a will dated June 9, 2015. However, the first page of the will had the handwritten word “VOID.” It also included the followed handwritten statements: “Everything will be left to my three daughters: Jessica, Emily, and Erica Marks ONLY!!!” and “My…