Nassau

Published on: January 29, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

Alexander Singer filed an appeal with the court with regard to him violating the terrorem clauses of his father’s will. When his father, Rabbi Joseph Singer, died, his last will and testament was dated April 15, 2003. The will put his daughter, Vivian Singer, as the executor of the will. With a trust agreement bulk of his personal property, his home in Brooklyn and $200,000 was to be given to his daughter. The will stated that the bequest was for his daughter’s unusual dedication, and he realizes that his daughter gave her life to take care of him. To his son, he gives $15,000 and the remainder of the estate will be divided between his son and his daughter equally.

Rabbi Singer’s will have two terrorem clauses. The first, as a New York Probate Lawyer said is like any standard ‘no contest’ clause. “If any beneficiary shall, in any manner, directly or indirectly, contest, object to or oppose, or attempt to contest, object to or oppose, the probate of or validity of this Will or the revocable trust agreement created by me, or any part of my estate plan or any gifts made by me, or any of the provisions of this Will or of the revocable trust agreement created by me, in any court or commence or prosecute any legal proceeding of any kind in any court to set aside this Will or the revocable trust agreement created by me or any part of my estate plan or any gifts made by me, then in that event, such beneficiary, and all of such beneficiary’s issue, shall forfeit and cease to have any right or interest whatsoever under this Will or under the revocable trust agreement created by me, or in any portion of my estate, and, in such event, I hereby direct that my estate and the trust estate under such revocable trust agreement shall be disposed of in all respects as if such beneficiary had predeceased me without issue.”

The second one was specifically for his son Alexander. This condition expressly states that his son should not contest any part of the will, the trust agreement, any of the estate plans and gifts made by Rabbi Singer. It further says that his son should not take his daughter, Vivian, to a Bet Din. A Bet Din according to a Queens Probate Lawyers is a religious court. If his son resorts to any of these proceedings, he will lose his right to any part of the estate, either through the will or the revocable trust agreement.

Published on: January 29, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

Arthur D. Norcross, executed a will that gives all his residuary estate to charity. His daughter, because the bequest exceeded half of the estate filed a will contest. The executors countered this contest saying that the daughter had signed an agreement that she will not contest any gift to charity through her father’s will.

The executors move for a summary judgment for this contest on the will to be invalid. The executor also stated that the daughter is not bound to gain anything with the success of the contest. Therefore, she does not have a stand to contest. Queens Probate Lawyers say they do not dispute that the bequest to the charity is more than half of the testator’s estate. What they point out is that in the will, it also states that “’I make no provision in this will, other than the provision in Article FIRST hereof, for my children, HELEN NORCROSS CEDER and ARTHUR D. NORCROSS, JR., not from any lack of affection, but because I have adequately provided for their welfare by inter vivos deeds of trust and otherwise.”

The law does not prevent any person from giving all his estate to charity, nor does it require for them to give any part of the estate to relatives. The law aims to prevent giving an undue portion to charity when relatives have a better claim.

Published on: January 26, 2012

Estate of Julia Eckart

by Stephen Bilkis

This is a case regarding the Estate of Julia Eckart and the claims of her children regarding each of their shares in the inheritance. According to reports given to a New York Probate Lawyer, the children of the deceased filed a case against the last will and testament of their mother because of the insufficiency of their inherited amount against that of which will go to other people, entities and charities.

Unbelievably, according to a Manhattan Probate Lawyer, Julia Eckart left each of her children the amount of $50 each. According to her will, she also left no other cash or property to the rest of her surviving relatives. That is why the surviving children, Charlotte Anna Eckart, Frank Darmody and Frank Darmody filed a case in court that says that their mother made an excessive contribution to charity and that they were left with nothing except for the $50 each that were provided to them by her last will and testament. The rest of Julia Eckart’s estate, including her real and personal property have been assigned to the Watch Tower Bible and Tract Society of Pennsylvania, which is a non-profit corporation in Brooklyn, New York.

Reports that reached the desk of a Nassau County Probate Lawyer said the court thoroughly examined the case according to the petition filed by the children. There was also a similar case before when a grandson was expressly disinherited on the will that was left by his grandfather. This was the Cairo case which was a long and hardly fought battle in court which now became a source of other similar cases as well. But according to the court, there should be two elements present in a case before it can be ruled as excessive charity. First, there should really be the intension to give too much of her estate to charity. Second, there is the intention to disinherit immediate family members like the spouse or children by the one executing the last will and testament.

Published on: January 24, 2012

The decedent died a childless widow

by Stephen Bilkis

On December 20, 1952, the decedent died a childless widow. She left a supposed last will and testament that is dated April 29, 1929. This she tried to dispose of her estate and exercise a power of appointment granted to her by the will of her father. Another document dated September 13, 1929 was added and confirmed the April 29th will. According to a Staten Island Probate Lawyer, after a trial by jury both wills were denied probate. The reason given was that the testator lacked the capacity or competency to execute a will. She was not of sound mind. The Appellate Court also affirmed this decision.

The question now is if there was an error in the surrogate court to admit into evidence the statements of two witnesses, now deceased, in a prior lunacy proceeding. The Surrogate court relied on the Civil Practice Act that the statement of a deceased witness in a former trial or hearing may be used as evidence in a following hearing of the same subject-matter. The hearing for lunacy was presumptive. There was no other evidence so it was admissible but not conclusive.

This is the history obtained by a New York Probate Lawyer about the decedent . Her husband died in 1927, when she was 53 years old. Before long, she was showing erratic and distraught behavior. She was presenting abnormal habits and conduct, which included alcohol abuse. Her condition became so bad that between 1927 and 1929 she had been a voluntary patient at a mental hospital several times. Her condition still progressed and she was no longer able to take care of herself or her affairs. In September 24, 1929 she was admitted to a care facility as a voluntary patient because of this. She stayed there until she died 23 years later.

Published on: January 22, 2012

It is a sad occurrence when children are orphaned by both parents

by Stephen Bilkis

It is a sad occurrence when children are orphaned by both parents in a very short span of time. This is what happened when a modern painter of high reputation, died on February 25, 1970 followed by his wife on August 26, 1970. They left two children. The daughter was already of age and the son Christopher was still a minor. Before the mother died, she already gave the court her petition to contest the will as the children’s guardian saying the bequest to the charitable institution was more than one-half of the estate.

The term of the will, from what a Nassau County Estate Administration Lawyer found was that the wife gets $250,000 plus their house and all its contents. Five of his paintings are to be given to the Tate Gallery, London. The remaining part of his estate is bequeathed to an art foundation, a non-profit organization. It contained additional stipulation where if his wife dies, or they subsequently die, their children get $250,000 and the house in New York, including all its contents in equal shares.

The executors still followed through with the proceedings to determine if the claim for the will contest is valid. The daughter appeared with her lawyer and the son with his guardian. The court has found out the paintings of the testator is valued at several millions of dollars. There is another court hearing in which the contract executed for one-eighth of the decedents works was valued at $1,800,000 was still being contested as not enough. The court has said it is definitely more than half of the residuary estate of the testator that was assigned to charity. A Nassau County Estate Litigation Lawyer said the court gave out is a decision in favor of the children on July 13, 1970.

Published on: January 20, 2012

Court Rules on a Will Contest Regarding Charitable Donation

by Stephen Bilkis

On June 28, 1975, the decent died in West Monroe. He left a last will and testament dated November 27, 1972. The will was submitted to probate in November 1, 1977 and letters were issued to an executor of the estate and sole descendant. Prior to the settlement of the affairs, the executor died. This was November 5, 1981. In January 15, 1982, the nephew of the decedent petitioned the court for letters of administration. A New York Probate Lawyer said that the court granted this petition in January 19, 1982.

In January 7, 1983, the petitioner asked the court to rule on whether the decedent exercised his personal right under the excessive gift to charity. By May 4, 1983, a hearing was held to present evidence.

The decedent, upon the death of his mother contacted a lawyer regarding some of the provisions in his mother’s will. From the information a Nassau County Probate Lawyer got, the petitioner also asked if these certain stipulations in his mother’s will can be broken. Petitioner expressed his discontent with his mother’s will especially in the paragraph that allocates any remaining estate to be given to a hospital. The hospital at the time of the decedent’s death was non-existent. In a letter dated January 12, 1982 from an attorney for the Hospital Planning Association, it was said that the the hospital was never created and will never be created.