Nassau

Published on: November 15, 2012

Appellant Seeks to Enforce a Stipulation of Settlement

by Stephen Bilkis

This is a case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The matter before the court is a contested probate proceeding. The executor of the estate is appealing an order that was made in the Surrogate’s Court of Queens County. The order was dated the 27th of July, 1989 and denied his motion to enforce a stipulation of settlement to admit the will for probate.

Case Discussion

On the 4th of October, 1988, a stipulation of settlement was entered between the appellant executor of the decedent’s estate and the widow and the sons of the decedent who had objected to probate of the will previously.

Published on: November 6, 2012

Court Interpretes Last Will and Testament

by Stephen Bilkis

This is a probate matter dealing with the will of the decedent. In this proceeding it has been requested that a construction of specific paragraphs of the decedents will be conducted. A New York Probate Lawyer said in the second paragraph of the will it is clearly written that the premises located at 42-32 81st Street in Elmhurst, Queens County, New York be left to her daughter. The condition to the home being given to her daughter is that it cannot be sold until ten years after the decedent’s death.

In the seventh paragraph of the will the testator named her other daughter as the sole beneficiary of the income of the home located at 42-30 81st Street in Elmhurst, Queens County, New York. The paragraph goes on to state that if the marital relationship between her daughter and her daughter’s husband is terminated either by the death of the husband or through divorce the property is to be hers absolutely and forever.

Court Decision

Published on: October 31, 2012

Respondent Filed a Petition for Letters

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 appeal in this case involves an application made by the administratrix of an estate to disqualify the attorney as her co-administrator. The attorney previously represented both parties but was dismissed by the petitioner when he participated in the prosecution of a compulsory accounting proceeding trying to surcharge her. The Surrogate’s Court of Queens County ruled that the allegations made by the petitioner were insufficient to warrant disqualification.

Case Background

The decedent passed away on the 28th of March, 1979. The respondent acting as the attorney for the estate filed a petition for letters of administration on behalf of the decedent’s widow and his son of a previous marriage.

Published on: October 25, 2012

Plaintiff Contends Lease Assignment Invalid

by Stephen Bilkis

This case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The respondent and appellant in the case is Richard P. Booth. The appellant and respondent in the case is the Ameriquest Mortgage Company.

Case Background

A New York Probate Lawyer said Donald Booth and his wife Diane Booth had a leasehold estate of land located in Babylon. The lease was dated the first of January, 1977 and was renewed in August of 1990. When Diane passed away in 1998, Donald assigned the leasehold estate to himself and his son, Donald Jr. This lease assignment was made on the 9th of November, 1998. Donald passed away on the sixth of October in the year 2000. After his father passed away, Donald Jr. assigned the lease to himself and his wife Michelle as joint tenants.

Published on: October 15, 2012

Wife Claims Husband Executed Will Under Undue Influence

by Stephen Bilkis

This case is being heard in the Supreme Court of the State of New York, Appellate Division, Second Department. The matter before the court deals with Leonard Favaloro, deceased, Joan Favaloro as the appellant and Joyce Donahue, et al. as the respondents.

Case Background

The decedent, Leonard Favaloro died on May 8th, 2006 when he was 79 years old. He is survived by his wife of 34 years, Joan Favaloro and his two adult daughters from a previous marriage. The daughters are the petitioners in this case.

Published on: October 8, 2012

Court Hears Will Contest over Real Property

by Stephen Bilkis

This matter deals with the last will and testament of Irene N. Timblin, deceased. The case is being heard in the Surrogates Court of Suffolk County. The will has been propounded in the Surrogates Court of Suffolk County. The Public Administrator of Cascade County in California has raised objections to the probate upon the ground that the decedent died while living in Cascade County, California and not in Suffolk County.

Case Background

The decedent and her husband lived in Blueblinds at Smithtown in a manor home located on Long Island. The graves are located near Saint James. The husband passed away in November of 1955 and his wife passed away in May of 1956.

Published on: October 2, 2012

Beneficiaries Bring Will Contest Action

by Stephen Bilkis

This is a probate proceeding involving the estate of Alexander MacLeman, deceased. The case is being heard in the Surrogate’s Court of the City of New York located in Westchester County. The probate of the estate is being contested in this case. Karen MacLeman Morgese, who is one of the three children of the decedent and a nominated co-executor of the will, has offered the will for probate. Karen’s two brothers, John and William MacLeman have each filed objections to the probate.

Case Background

The decedent passed away on the 10th of December, 2003. He was 91 years old at the time and living in an assisted living facility located in Ossining in Westchester County, New York. The decedents will, gave the real property located in Amagansett, Suffolk County to his daughter Karen. The will bequeathed $50,000 to William to equalize loans he had made to his other children. A New York Probate Lawyer said the loans of the other children were forgiven in the will. The personal property and residuary estate were given to all three children in equal parts. A further provision in the will stated that any checking accounts, savings accounts, certificates of deposit, etc. that he held jointly with any of the children at the time he passed would be estate assets and not provided to the surviving joint tenant of the assets.

Published on: September 28, 2012

Court Hears Action for Specific Performance

by Stephen Bilkis

This matter deals with Angelo Licata who is deceased. The appellant of the case is Annette Chessare and the respondents in the case are Cecilia Licata, et al. The case is being heard in the Second Judicial Department, Appellate Division, of the Supreme Court of the State of New York.

According to a New York Probate Lawyer, a probate proceeding was held and an action for specific performance of a contract to sell real property was transferred from the Supreme Court of Suffolk County to the Surrogate’s Court of Suffolk County. The appellant, Annette Chessare is appealing the order from the Surrogates Court dated the fifth of February, 2009 that denied her motion for summary judgment on the complaint made in the action for specific performance and an order from the same court made on the 25th of September, 2009 upon re-argument that adhered to the original decision that was previously made on the fifth of February, 2009.

Court Discussion and Decision

Published on: September 12, 2012

Public Administrator Seeking Approval for Accounting

by Stephen Bilkis

This matter deals with the account of proceedings of Eric P. Milgrim, the Public Administrator for Nassau County as the administrator of the estate of Nora Mabry who is deceased. The Surrogates Court of the State of New York in the county of Nassau is hearing this case.

Case Background

A New York Probate Lawyer said presented to the court are the first and the final account of the Public Administrator for the estate of Nora Mabry. Nora Mabry died intestate as a resident of Uniondale, on the 26th of December, 1998. The decedent left a will that was dated the 15th of June, 1979. In the will the decedent bequeathed her entire residuary estate to her nephew, Wyman Scott who died after the decedent. The Public Administrator was appointed as the temporary administrator for the estate on the 14th of April, 2005. The will of the decedent was admitted for probate by a decree from this court dated the 11th of May, 2010. Letters of administration were issued to the Public Administrator at this time.

Published on: September 11, 2012

Court Discusses Final Accounting of Estate

by Stephen Bilkis

This matter deals with the accounting done by Daniel D’Amico as the Executor of the estate of Andrew Peter D’Amico, deceased. The case is being heard in the Surrogates Court of the State of New York located in the county of Nassau.

A New York Probate Lawyer said the accounting done by Daniel D’Amico as the executor of the estate of Andrew Peter D’Amico has been submitted to the court for review. The executor is seeking approval of his final accounting regarding the estate. This includes the computation and payment of his commissions as the executor of the estate and the commissions of Andrew D’Amico as trustee. In addition, the executor seeks approval of the allowance of fees and expenses for the attorney and accountant and approval to repay a loan made by Gloria Maria D’Amico.

Case Background