Articles Posted in Long Island

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The Facts of the Case:

On 19 December 1947, a woman died. She was a resident of the Village of Millbrook, Dutchess County, New York. On 18 February 1948, her last Will and Testament was duly admitted to probate by decree of the Dutchess County Surrogate. Under the said will, after making certain specific devises, the testatrix, in paragraphs Fifth and Sixth of her said will, provided that:

Fifth: “I give, bequeath and devise to my executors hereinafter named all the rest, residue and remainder of my property including my house on Elm Drive, Millbrook, N. Y., to be held by them in trust for my brother, Pleasant Valley, N. Y., they to invest and reinvest the same and pay the income therefrom to him for as long as he lives. A New York Probate Lawyer said a portion of the principal may also be used for the support and maintenance of my said brother if deemed necessary in the sole judgment of my said executors and trustees.”

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This is a probate proceeding for the will of the deceased Stuart L. Ain. The case is being heard in the Surrogates Court of the city of New York located in Nassau County. The case is being overheard by Judge John B. Riordan.

Probate Proceeding

Stuart Ain, the decedent passed away on the 28th of October in 2006. He left a will that was dated the 27th of April, 2007. Victor Levin and William J. O’Brien were named as the executors of the will. William J. O’Brien renounced his appointment as executor. Michael and Jody, the decedents two adult children are the sole survivors.

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In this proceeding for leave to compromise an action for wrongful death and conscious pain and suffering, the decedent was survived by his wife and two children all of whom presently reside in Ecuador. A New York Probate Lawyer said the decedent died as a result of injuries he sustained in a construction accident in Bronx, New York. The Court issued limited letters to petitioner, Juan Chavez, decedent’s uncle, to commence this action. Thereafter the action was commenced. The Supreme Court, Bronx County, approved the compromise of the action for $790,000.00, allowed attorney disbursements of $5,897.70 and attorneys’ fees of $261,367.43. This estate proceeding was commenced to fix the allocation of the recovery, reimburse the funeral creditors and fix the distribution of the balance among the distributees who suffered a pecuniary loss.

A Kings Estate Administration Lawyer said that, the petitioner served a citation in this matter by international certified mail, return receipt requested, upon decedent’s widow, Blanca Germania Guzman Marquez. Petitioner also served Blanca Germania Guzman Marquez with the citation on that date as the mother of decedent’s infant daughters, Blanca Raquel Pesantez Guzman and Carla Leonor Pesantez Guzman. Another citation was served that date on the infant, Blanca Raquel Pesantez Guzman since she was over 14 years old on that date. Service was complete on the date of the mailing thereof. No one appeared on that date. By court order, a guardian ad litem was appointed for Blanca Raquel Pesantez Guzman (hereinafter “Raquel”) and Carla Leonor Pesantez Guzman (hereinafter “Carla”). Thereafter, the guardian ad litem filed his report.

A Kings Estate Administration Lawyer said that, in the guardian ad litem’s report he points out that Raquel turned eighteen after he was appointed but before finalization of his report. The guardian ad litem reports that he has examined the file in this matter and concludes that the court lacks jurisdiction over Raquel presumably because of her eighteenth birthday and the fact that she is no longer under a disability. The guardian ad litem reports that he communicated this fact to petitioner’s attorney and suggested that he send a waiver and consent to Ecuador for Raquel’s signature and filed it with the Court. The guardian ad litem made his recommendations with respect to the compromise subject to jurisdiction. No waiver and consent to the relief requested was ever filed by Raquel.

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The Facts:

On 20 December 1979, the Audit Division of the State Tax Commission issued a Notice of Determination and Demand for Payment of Sales and Use Taxes Due for the period 1 June 1976 through 31 August 1979. Petitioner filed a petition for revision of that determination and for refund of sales and use taxes under Articles 28 and 29 of the Tax Law.

A New York Probate Lawyer said on 21 November 1985, a hearing was held. On 28 May 1986, a decision was made which modified the Determination but left an amount due of $83,884.58. On 28 May 1986, the Commission notified petitioner of the Decision and advised that petitioner had now exhausted his right of review at the administrative level.

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This case involves the will of Josephine H. Kempisty who is deceased. The case is a probate proceeding being held in the Surrogates Court of the State of New York in Nassau County.

Current Issue

This probate proceeding is a review of a settlement stipulation that was negotiated and crafted by the guardian ad litem that was appointed as a representative of Regina Karasinski, the sister of the decedent.

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This is a hearing in the matter of the last will and testament of the deceased Joseph R. Drab. The probate case is being heard in the Surrogates Court of the state of New York in Nassau County.

Probate Proceeding

The decedent of the case was survived by his spouse, his son Richard, who is the petitioner in the case, four grandchildren, and a predeceased child. The spouse of the decedent is disabled and is therefore represented by a guardian ad litem that has been appointed by the court.

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This case is being heard in the Special Term of the Suffolk County Supreme Court. The case deals with the will of Gladys Guernsey. The plaintiff in the case is the executor of the last will and testament of Gladys Guernsey, Patrick Beary. The defendants in the case are Leach C. Hoffman and James L. Guernsey. The judge overseeing the case is John P. Cohalan Jr.

Action

A New York Probate Lawyer said the plaintiff is seeking a judgment under Article 15 of the Real Property Actions and Proceeding Law. He argues that the estate of the decedent, Gladys Guernsey is the owner of three different parcels of real estate located in Lindenhurst, in Suffolk County, New York. The original testatrix in the case passed away on the 11th of July after beginning this action. Patrick Beary was named as executor and is substituted to complete the action.

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The plaintiff in this case is Financial Freedom Acquisition. The defendants in the case include Kevin J. Malloy, Esq. who is the guardian ad litem for the unknown distributees, heirs, and next of kin of the deceased, Howard Harris. This includes anyone that is interested in the estate of Howard Harris as the distributee or otherwise.

Orders of the Court

This is a notice of motion and cross motion in regard to the estate of the decedent Howard Harris. There have been papers filed, numbers one through 23 in this case.

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This is a matter involving the estate of Eugenia C. Herceg who is deceased. The petitioner is represented by the law firm of Levene, Gouldin & Thomas, with John H. Hartman for counsel.

Case Background

In the will of Eugenia Herceg there is a residuary clause that is dated the second of December, 1999. This clause states that at the time of her death all of the rest of her personal and real property the same will situate. There is no name of a beneficiary given. In all practicality, this residuary clause only refers to 10% of her estate as the other 90% of the estate is bequeathed to others.

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On 2009, a mother with her two daughters died at the hand of their husband and father. After the incident, the father committed suicide and died later that same day. Consequently, the mother’s cousin granted the temporary letters of estate administration of the three deceased. The mother was survived by one of her sister however her sister filed a waiver of a notice to appear in court, renunciation and consent to the appointment of the mother’s cousin to serve as administrator in connection with each of the three estates.

The man, who was the cousin of the mother, then filed a four related petitions as temporary administrator of the estates of the mother and the two daughters, a petition for full letters of administration without bond in the assets of the mother and her daughters and a petition for the determination of the mother’s interest in real property, a condominium and a cooperative apartment.

A notice to appear in court for each petition was issued as well as the supplemental notice. The notice also duly served on the public administrator. In addition, the public administrator, whom at that time had been appointed as the temporary administrator of the husband’s assets, subsequently received a full letters. The heirs of the husband’s assets also received a full letters. The notices of appearance were filed but none of the husband’s beneficiary appeared.

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