Bronx

Published on: March 7, 2014

Court Hears Case Regarding Validity of Will

by Stephen Bilkis

A New York Probate Lawyer said in this contested probate proceeding, the proponent moves for an order granting summary judgment dismissing the objections and admitting the will to probate. The youngest son of the deceased man cross-moves for summary judgment to authorize the immediate distribution of $2,000,000.00.

A New York Will Lawyer said the man died on at the age of 81. He was survived by his three adult children as his sole distributees. The eldest son is the petitioner; the daughter is the objectant. The youngest son has filed an affirmation in support of his brother’s motion for summary judgment.

The instrument offered for probate was allegedly executed on August 28, 2010. It contains pre-residuary totaling to $525,000.00 bequests $100,000 to the eldest son’s wife, $100,000 to the eldest son’s child, $150,000 to the decedent’s sister, $100,000 to the decedent’s niece, and $75,000 to the decedent’s friend. The residue is bequeathed 2/3 to the eldest son and 1/3 to the youngest son. The daughter is expressly disinherited. She filed objections to probate alleging that the will was not duly executed, that the decedent lacked the capacity to make a valid will, and that the instrument is the result of undue influence and fraud having been perpetrated on the decedent by his eldest son.

Published on: January 4, 2014

Court Discusses Powers of Executor Regarding Prior Will

by Stephen Bilkis

A New York Probate Lawyer said that, the proponent of the will of the decedent seeks a protective order with respect to a notice to examine under SCPA 1404. The decedent died on July 9, 1995, survived by her daughter, as sole distributee. She was also survived by her granddaughter,. Under the propounded will, dated October 3, 1994, the decedent directed that her entire estate, valued at approximately $250,000, be pored over into a living trust created on the same date. Pursuant to the terms of such trust (which was in effect at her death), the trust property, after payment of $30,000 to a named beneficiary, is to be distributed 40 per cent to her daughter, and 60 per cent to her granddaughter.

A New York Will Lawyer said that, the will was offered for probate by the granddaughter, the named executrix, who is also the trustee of the living trust. It is noted that in an earlier will, dated July 30, 1984, the decedent had left one half of her estate to her husband (the named executor) and the other half equally to her daughter and granddaughter. On March 19, 1991, after her husband’s death, the decedent executed a codicil in which she divided her estate administration equally between her daughter and granddaughter and named the attorney-draftsman as executor.

A Brooklyn Probate Lawyers said that, the attorney, duly made a party to the probate proceeding as executor named in a prior instrument filed with the court (SCPA 1403[1][d], served a notice to examine the draftsman, the attesting witnesses and the proponent of the propounded will. The proponent, however, requests a protective order. At issue is whether and to what extent respondent is entitled to conduct examinations under SCPA 1404.

Published on: January 1, 2014

Estate Bill Come in After Estate Assets have been Distributed

by Stephen Bilkis

A New York Probate Lawyer said that, the claim of the City of New York in the total sum of $1,792 has been established. That sum was for hospital care furnished the decedent by the City of New York. The executor has rejected the claim for the reason that the bill was first sent to him by the City more than seven months after issuance of letters and after he had distributed the assets of the estate.

A New York Will Lawyer said that, the decedent died on January 18, 1960 at one of the hospitals maintained by the City of New York. He owned securities which he had directed his brokers to sell early in 1960, apparently at the request of city officials. The proceeds, in the form of a check in the sum of $4,743.54, were sent to him in care of the hospital Property Office but the decedent was not physically able to endorse the check and he died a few days later. The hospital delivered the check to the Public Administrator of the County of New York, who turned it over to the executor after he had qualified.

A Bronx Probate Attorney said that, the decedent had no relatives within the State. His will was filed in this court on July 18, 1960, but a petition for its probate was not filed until March 20, 1961 and it was admitted to probate on July 12, 1961, approximately eighteen months after the decedent’s death. The City’s investigators appear to have checked the court records for an estate several times in the year 1960, but to have made no further check of the records until May, 1962.

Published on: December 25, 2013

Court Decides Legality of Charitable Gift in Will Contest

by Stephen Bilkis

A New York Probate Lawyer said that, this is a proceeding pursuant to EPTL 8–1.1(c) for an order directing the method of effectuating a testamentary charitable gift in a situation where circumstances have changed since the execution of the will. The court is asked to apply its Cy pres power.

A New York Will Lawyer said that, the petitioners are the trustees of The Sailors’ Harbor in the City of New York, hereinafter referred to as ‘the Harbor’. The application is opposed by the Attorney General of the State of New York as the statutory representative of ultimate charitable beneficiaries. The petition requests permission of the court to relocate the facility presently maintained by the petitioners in Staten Island, New York, to the town of Sea Level, North Carolina. The Harbor is a charitable corporation established by an act of the Legislature of the State of New York pursuant to the will of the deceased admitted to probate by the Surrogate of New York County on July 10, 1801.

A Brooklyn Probate Lawyers said that, in his will decedent directed that there be constructed and operated in perpetuity a home for ‘aged, decrepit and worn out sailors’ to be called The Sailors’ Snug Harbor. The site selected by the testator was real property located in what is now Greenwich Village in the Borough of Manhattan, New York. In 1828 a special act of the Legislature permitted the Harbor to erect its facilities upon the ‘Island of New York, or adjacent thereto’. The Tilden Act (enacted in 1893), later known as Personal Property Law § 12, now known as Estates Powers and Trusts Law Article 8, was not then in effect. The Surrogate now has power, where a disposition is made by will and whenever circumstances have changed since its execution, to direct that a disposition for charitable purposes be applied in such a manner as in the judgment of the court will most effectively accomplish the testator’s charitable intent. This is Cy pres power.

Published on: June 27, 2013

Court Hears Venue Challenge in Will Contest Case

by Stephen Bilkis

On 16 July 1983, a decedent died leaving a will. He was survived by several children, one of whom receives less than his distributive share in the estate under the propounded will.

A New York Probate Lawyer said that on 8 September 1983, the probate petition, a will contest proceeding, was filed and on 9 November 1983, jurisdiction was complete. On 14 December 1983, preliminary letters were issued to the nominated fiduciary on consent. On 3 January 1984, objections were filed by the partially disinherited son. On 6 February 1984, examinations before trial were complete. Approximately 10 months after the filing of the objections, the partially disinherited son moves to dismiss the petition on the ground that the decedent was not domiciled in Nassau County but in Bronx County.

As provided for under Article 2 of the Surrogate’s Court Procedure Act, jurisdiction over domiciliaries of the State of New York rests solely with the county where the decedent died domiciled.

Published on: May 29, 2013

Probate Court Discusses the Legality of Asset Purchase Agreement

by Stephen Bilkis

The Facts of the Case:

On 8 January 2006, the decedent died with a will dated 31 December 1993. On 26 April 2007, the decedent’s will was admitted for probate (will contest proceeding) by the court and a decree was thereafter issued, and letters testamentary also issued to the decedent’s wife as executor of the estate of her husband, the decedent (for estate administration as may be determined in estate litigation). At the time of the decedent’s death, he owns a surveying business.

On 12 December 2007, an Asset Purchase Agreement was entered into between the decedent’s wife and “A” where “A” agreed to purchase the decedent’s business and all of the assets used in connection with the business. The purchase price was $375,000.00. On 14 December 2007, “A” executed a promissory note in the sum of $200,000.00. The note was guaranteed by a Land Surveyor company, “X”. The terms of the promissory note provide that “A” will pay the sum of $200,000.00, together with interest thereon at the rate of 5% per annum, in sixty consecutive monthly payments of principal and interest, each of which, except the last, was required to be in the sum of $3,774.25, the first payment to be made before 14 January 2008.

Published on: December 22, 2012

Both a Will and Advanced Health Care Directive are Important in Estate Planning

by Stephen Bilkis

Facing your mortality is not a pleasant task. However, it is important to discuss an estate plan with a NY estate attorney in order to make sure that your family and loved ones are taken care of should you pass away. A last will and testament is one of the most important documents that will be in an estate plan. Another document that should be considered is an Advanced Health Care Directive.

An Advanced Health Care Directive is a document that should be created as soon as possible. This document should be in place long before they would be needed. An estate lawyer will inform you how important it is to have this type of document in place. The Advanced Health Care Directive describes your wishes involving your health care should you become incapacitated and unable to make these decisions for yourself. This document will include what your wishes are in regard to life support, medications, and which life sustaining measures should be taken in regard to your health care needs.

A New York Probate Lawyer said a tragedy may occur at any time. This is why the Advanced Health Care Directive is so important to discuss with your estate lawyer. If there are no written instructions provided by you about your care all of your health care decisions will be made by either the doctors or your loved ones. This can be a difficult burden for your loved ones to face, especially when they are already dealing with the tragedy.

Published on: December 11, 2012

Court Discusses Public Policies Regarding Arbitration

by Stephen Bilkis

The Facts of the Case:

A and B are husband and wife. They are shareholders in a radiology practice together with doctor-one and doctor-two. In 2004, they entered into an agreement where disputes arising therefrom are subject to arbitration. On 16 March 2007, B died leaving a will dated 12 March 2007. On 24 May 2007, B’s will was admitted to probate, a will contest proceeding, and letters testamentary issued to C. On 22 January 2008, B’s husband, A, died leaving a will dated 12 March 2007. On 28 February 2008, A’s will was admitted to probate and letters testamentary also issued to C as executor of A’s estate. A and B were survived by three children, X, Y and Z. A and B were shareholders in a radiology practice together with doctor-one and doctor-two. Thus, petitioner C, in his capacity as executor of each estate, commenced a separate discovery proceeding against the radiology practice and doctor-one seeking the recovery of retirement benefits which allegedly are being improperly denied to A and B’s estate by the said radiology practice at doctor-one’s direction; petitioner also asks the court to stay the arbitration proceedings instituted by doctor-one against X and another entity. A New York Probate Lawyer said the doctor-one now moves for an order dismissing the petitions in their entirety, or, in the alternative, either staying the discovery proceedings until after final resolution of the ongoing arbitration proceedings, or transferring the petitions to the Supreme Court in New York County.

The Ruling of the Court:

Published on: September 23, 2011

Seeking an estate planning lawyer’s advice is essential

by Stephen Bilkis

Many people tend to overlook the likelihood of being hit with an estate tax because they aren’t considered “rich.” But according to NY Estate Lawyers many upper middle-class citizens could be hit with a tax rate as high as 35%.

Currently the law indicates an exemption for estate tax of up to $5 million for those who die in 2011 and 2012. What many people are unaware of is that this amount can easily be exceeded when you take life insurance coverage, a valuable home, healthy retirement balances and other assets into account.

“Don’t forget to count any private business ownership interests such as shares in a family corporation or partnership,” explained a New York Probate Lawyer.

Published on: September 14, 2011

Estate Tax Laws in Illinois worth looking into, writes a New York Probate Lawyer.

by Stephen Bilkis

During one of the state of Illinois’ largest ever tax increases; the new public act appears to contain a nice loophole for the wealthy deceased, said a New York Estate Planning lawyer.

Earlier this year the Governor of Illinois signed into law the Public Act 096-1496, the Taxpayer Accountability and Budget Stabilization Act.

Aside from increasing state income taxes on individuals and corporations, [it] reinstated the Illinois estate tax effective January 1, 2011, with a $2,000,000 exemption.