New York Probate and Estate Administration Lawyer Blog
Ruth Bricker, Charles Ballon and the United States Trust Company submitted a counter-application regarding the preliminary letters sent to them for the last will and testament of Anna Lazarus. In the will submitted by Abraham Lautman to the court for probate, Mr. Lautman and United States Trust Company were named as executors. In their petition, Mr. Lautman’s eligibility to serve hold and oversee the assets of Ms. Lazarus is questioned. The company is agreeing to act alone and not together with Mr. Lautman.
From the information was obtained by a New York Probate Lawyer, United States Trust Company alleges a number of misconduct on Mr. Lautman’s part while acting as the decedent’s attorney-in-fact and co-conservator while she was alive. An attorney-in-fact is a person who is legally authorized to transact business-related transactions in behalf of another. A conservatorship is where a person is appointed by court to oversee and mange the financial affairs of a person who is considered as under a legal disability. It is also required that part of the financial accounting is submitted for review. It is said the Mr. Lautman did not submit his records to his co-conservators, including the documents and assets of Ms. Lazarus. He is also charged with preventing access to Ms. Lazarus’ apartment, drawing checks that are payable to himself or cash, and wrongful investment of funds owned by Ms. Lazarus in Great Britain.
The court if there is a good cause may reverse the instruction of a will to make a person an executor of the estate. In the preliminary letters issued, it is required that it is in its original form. This does not remove the court’s authority for a wise discretion in determining who will be part of the execution of the will. Nassau County Probate Lawyers said that leaving out a person named in a later will do not require a full hearing. It can be determined with affidavits as a basis or through a summary hearing. The court says that they prefer to avoid a contest within a contest. The legislature also wants an uncomplicated probate hearing. This is to save on cost and time for the court, and the parties concerned.