Manhattan

Published on: December 4, 2012

Case Involving Testamentary Assets Transferred to Surrogate Court

by Stephen Bilkis

This is a case being heard in the Supreme Court, Appellant Division, and Third Department. The case before the court is an appeal from an order made in the Supreme Court at Special Term that granted the defendants motion to remove the action to Queens County Surrogates Court.

Case Background

New York Probate Lawyers said the plaintiff started this action against the defendants to recover the amount of $1000 that was found in the personal effects of the decedent, his uncle. The defendants allege that the money constitutes testamentary assets to be distributed by the Surrogate’s Court. The will of the decedent was offered for probate in the Surrogate’s Court of Queens County and the plaintiff has filed objections to probate.

Published on: November 29, 2012

Court Explains Powers of an Executor

by Stephen Bilkis

The case is being heard in the Special Term of the Supreme Court located in Queens County part 1.

Motions

A New York Probate Lawyer said there are several motions made in regard to this matter. The plaintiff is seeking that separate defense be struck out and the counterclaim against the plaintiff be dismissed on the ground that the court does not have jurisdiction over the counterclaim, the defendant does not have the legal capacity to sue, there is another action pending over the same cause, and the counterclaim does not state facts that are sufficient for a cause of action.

Published on: November 24, 2012

Public Administrator Files Petition for the Temporary Letters of Administration

by Stephen Bilkis

This case is being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York.

The petitioner and appellant in the case is appealing an order made by the Surrogates Court of Queens County. This order was dated the 17th of April, 2008 and granted a petition and ordered temporary letters of administration for the estate of the decedent to the Public Administrator of Queens County.

Case Background

Published on: November 17, 2012

Court Decides a Guardianship Issue

by Stephen Bilkis

This is a case being heard by the Queens County Surrogate’s Court. The subject of this case involves the guardianship of three children. The mother of the children passed away in October of 1975 and the father died on the 24th of May, 1976.

Case History

Before the father passed away, he and the children lived with his mother and his brother. After he passed away, the children continued to live with their paternal grandmother and uncle. The uncle was married in September of 1976 and since this time the children have lived with their uncle and his wife.

Published on: October 30, 2012

Siblings Fight Over Deceased Parent’s Bank Accounts

by Stephen Bilkis

This is a case being heard in the First Department, Appellate Division, of the Supreme Court. This issue being appealed in this case is whether the petitioner, who is the son of the decedent and the ancillary executor of the estate, has overcome the presumption that certain joint bank accounts that were established by the decedent were intended to vest property rights to his sister who is named as the joint account holder, which would constitute testamentary substitutes that would pass outside of the will.

Case Background

There are five joint bank accounts at issue in this proceeding out of a total of 16 accounts that were opened by the decedent. Of the total of 16 accounts, eight of the accounts have her daughter designated as the joint tenant. A New York Probate Lawyer said the amount of these accounts comes to $216,842. The other eight accounts designate the petitioner as the joint tenant and amount to $223,782.

Published on: October 28, 2012

Son Challenges Father’s Will

by Stephen Bilkis

In this case the defendant has moved for an order to dismiss the first and third causes of action brought against them on the ground of failure to state a cause of action. The defendant is seeking to have the remaining caused transferred from the Supreme Court, Special Term, to the Surrogate’s Court of Queens County on the ground that it is the more appropriate forum for this action.

Case Background

A New York Probate Lawyer said the plaintiff is seeking to recover half of $80,285.58 that he alleges is his property by reason of establishment of a number of bank accounts by his late father. He states the accounts were in his and his father’s names. The son’s name was eliminated from the accounts in question in June of 1983. The father then opened new accounts in just his name with the proceeds of the accounts that he had closed.

Published on: October 23, 2012

Court Hears Estate Litigation Matter Over Legal Fees

by Stephen Bilkis

This is a case of appeal being heard in the Supreme Court, Appellate Division, and Second Department. This proceeding is to settle the account of a co-executor of an estate. The co-executor and the law firm are appealing an order that was made in the Surrogate’s Court of Queens County. The order reduced the amount of legal fees as requested by the law firm and directed the law firm to reimburse the estate for the legal fees they had received in excess.

Case Background

The decedent passed away on the 14th of March, 1984. The will left behind by the decedent named one beneficiary of the estate and he was also named as the co-executor of the estate. The estate had an estimated value of $363,000. The other co-executor of the estate was the attorney/draftsman of the will. He was also a subscribing witness and supervisor in the execution of the will.

Published on: October 20, 2012

Court Hears an Accounting Proceeding

by Stephen Bilkis

This case deals with the accounting of Ann Feely Schmidt who is the administrator C.T.A. of the estate of Walter Peter Schmidt who is deceased. The case is being heard in the Surrogates Court of Suffolk County. This is an uncontested administratrix’s accounting proceeding. There has been a stipulation submitted to the court for approval and incorporation into the provisions of an intermediate accounting decree.

A New York Probate Lawyer said the jurisdiction over the necessary parties in this case has been obtained and there is no one appearing in opposition to the relief that has been requested by the petitioner in this case.

Case Background

Published on: October 13, 2012

Court Dicusses How a Will must be Executed

by Stephen Bilkis

This is a case being heard in the Surrogates Court of the State of New York in Nassau County. The matter before the court deals with the last will and testament of Robert Cohen, who is deceased. This is a contested probate proceeding. The petitioner, Beatrice Cohen has moved for an order to dismiss the objections to probate that were filed by Meryl Kovit and for a summary judgment in the matter to be granted. She also moves to admit to probate the last will and testament of Robert Cohen. The motion is opposed by Ms. Kovit.

Case Background

The decedent, Robert Cohen passed away on the 26th of December, 2007. He left behind a will that was dated the 28th of October, 2002. Survivors of Mr. Cohen include his wife, who is the petitioner in the case, and a daughter from a previous marriage who is the objectant of the case. The will names the petitioner as the executor of the will and the decedent’s attorney John C. Sullivan as the alternative executor.

Published on: October 8, 2012

Court Hears Four Guardianship Proceedings

by Stephen Bilkis

This case is being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The case involves the respondent, Alice A. Amrhein and the appellant Ernest L. Signorelli. In this case the Commissioner of Social Services of the County of Suffolk is challenging the authority of the Surrogate to order her or the Department of Social Services of Suffolk County to conduct investigations including home studies and criminal checks of petitioners in guardianship proceedings that are brought in front of the Surrogate’s Court.

Case Background

The facts of this case involve 4 different guardianship proceedings. The first matter involves the Robinsons, who are the maternal aunt and uncle of a then fifteen year old girl who sought guardianship after the death of the girl’s parents.