Nassau

Published on: March 30, 2015

Petitioner Alleges Decedent’s Guardian Failed to File Certain Reports

by Stephen Bilkis

A Probate Lawyer said that, in a probate proceeding in which the administrator, in effect, petitioned pursuant to SCPA 1809 to determine the validity of certain claims against the estate of the decedent, also known as the petitioner appeals from (1) an order of the Surrogate’s Court, Kings County, dated April 27, 2009, which, in effect, denied that branch of the petition which was to invalidate the claim of the claimant, and directed that claimant be reimbursed in the sum of $4,474 for payment of the decedent’s funeral expenses, and (2) an order of the same court dated May 13, 2009, which denied her motion to vacate the order dated April 27, 2009.

A Kings Will Contest Lawyer said that in another case is (1) from so much of an order of the Surrogate’s Court, Kings County, entered July 8, 1965, as denied his cross motion for leave to take the further oral deposition of two persons as witnesses pursuant to statute (CPLR 3101, subd. [a], par. 4; 3111); and (2) from an order of said court, entered September 2, 1965, upon re-argument, which adhered to the original decision. Order entered September 2, 1965, affirmed with a separate bill of $10 costs and disbursements to the respondent and to the Special Guardian, each payable out of the estate. No opinion. Appeal from order, entered July 8, 1965, dismissed, without costs. The appeal was untimely taken. Appellant admitted receiving notice of entry of said order on July 13, 1965, yet his notice of appeal therefrom is dated September 9, 1965, clearly beyond the statutory time (CPLR, § 5513, subd. [a]). In any event, said order was superseded by the later order granting re-argument

A New York Estate Lawyer said the Surrogate’s Court properly determined that the claim against the estate by the claimant for reimbursement of the decedent’s funeral expenses, which expenses the petitioner conceded were paid by the claimant, was valid (see SCPA 1809, 1811). Contrary to the petitioner’s contention, the Surrogate’s Court did not err in declining to consider, in the instant proceeding, the petitioner’s allegation that the claimant, who had been appointed the decedent’s guardian pursuant to Mental Hygiene Law article 81 prior to the decedent’s death, had failed to file certain required reports and accountings, and otherwise breached her fiduciary duty as the decedent’s guardian (see Mental Hygiene Law § 81.44[g]; see also SCPA 2103).

Published on: June 22, 2012

Court Dicusses Rule of Perpetuities

by Stephen Bilkis

Issues of estate probate can be difficult to figure out. The wishes that a decedent places into their will should be considered as indelible in most cases. However, sometimes a will contains requirements that are not only difficult, but unreasonable for the decedent to place on their progeny. In one case that was heard in New York, Kings County Probate on December 23, 2008, conditions of this type were discussed.

In the incident case, the decedent left several pieces of property to different relatives. However, she placed numerous prerequisites on the acceptance of the property. She required that her family home be left to her niece and must not be sold. She stated that in that residence, the family was required to provide a room for an indigent friend of hers for free for the remainder of his life. She also left a property that was her family business to three members of her family. Two of these family members were people who lived in other countries.

A New York Probate Lawyer said the decedent’s niece filed a motion in probate that the requirements of the will were in violation of the rule against perpetuities. The rule against perpetuities was established to support the public policy of free transfer of property without restrictions on the living by the dead. It prevents an owner of property from putting limits on the power of future owners of the property. The rule against the restraint on alienation of property prevents an owner from creating requirements in their wills that block the recipient from selling or giving away the property as they see fit. In order to determine if the requirement of the will is reasonable, it must have limitations set forth in the document in reference to its duration, price and purpose.

Published on: September 25, 2011

President Calls for Taxes on the Rich

by Stephen Bilkis

President Barack Obama has responded to calls from legislators to create a plan to reduce the deficit by proposing to limit the growth of Medicaid and Medicare while raising taxes on richest sector of the American populace.

Obama says his plan would reduce the deficit by $4 trillion over the next 12 years. For every $3 federal spending is cut, $1 would be raised in new taxes. In Nassau and Suffolk Counties, seniors are watching carefully to see what happens.

“We have to live within our means, we have to reduce our deficit, and we have to get back on a path that will allow us to pay down our debt,” the president said in a speech at George Washington University. “And we have to do it in a way that protects the recovery, and protects the investments we need to grow, creates jobs and win the future.”