New York City

Published on: February 9, 2012

Court Rules on a Will Contest Matter

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 Brooklyn Probate Lawyers, 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 Bronx Probate Lawyers, 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: February 6, 2012

Court Rules on a Workers Compensation Claim in a Wrongful Death Matter

by Stephen Bilkis

In a work-related accident, the decedent suffered permanent substantial disability in October 1973. An employer’s workers’ compensation insurance carrier was instructed to pay disability benefits to him. The defendant had pre-existing diabetes so the carrier applied and was give reimbursement from the Special Disability Fund pursuant to Workers’ Compensation Law.

When the decedent died on January 7, 1982, his widow filed to claim death benefits because she alleged that the injury sustained in October 1973 was an underlying factor in her husband’s death. A New York Probate Lawyer said that in compliance with the Workers’ Compensation Law the carrier converted the claim and applied for reimbursement from the Fund. There was a hearing with before an Administrative Law Judge and the application of the wife for death benefits was granted. The carrier did not ask for a review of the Workers’ Compensation Board about the connection of the injury to the death.

There was a later hearing for the carrier’s application for reimbursement from the Fund. The fund asked the Administrative Law Judge not to make a ruling until they could get a review from the Workers’ Compensation Board if the wife’s claim was compensable. The request was denied and the request of the carrier for settlement was granted. The fund appealed to the Board stating the wife would have not been awarded benefits because the death was not related to the injury sustained in October 1973. The Board’s decision was that the fund lacked standing to raise the issue. A Queens Probate Lawyer got information that the fund appealed.

Published on: February 6, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

Laurel G. Ellis died in June 1994. She left a last will and testament dated May, 25 1990. This will contain conditions in the bequest that favored her daughter, Florence. In the will, it gave 50% of the remaining estate after taxes and fees to Mrs. Ellis daughter and the remainder is divided equally between her sons, John and Richard. One would think it is unfair for the mother to do this, but with their history, you would understand why.

The previous will had the children sharing the estate equally, but after Mrs. Ellis’ husband died the sons’ relationship with their mother got worse and with her daughter better. There was even a letter sent by John to her mother that accused Florence of scheming to distance Mrs. Ellis from her sons. This was in March 1980. He even went as far as demand to have the old will reinstated and that Mrs. Ellis should not help Florence financially unless there is proof that she needs it. He stated in his letter that if his demand is granted, then he will not publicize the issue. A New York Probate Lawyer said John threatened to file a court case if what he wants is not done. In an undated letter to his brother Richard, he said the “estate would be in court so long that Florence would never see any of the money.”

In May 1990, she executed the will submitted for probate. Aside from the provision she placed in favor of her daughter, she added that her will is based on the “loving care and attention” her daughter has showed her and her late husband, unlike the behavior their sons showed. She said the will is a product of a long and careful thought and was not because of undue influence from Florence. Furthermore, in June 1993, she approached a new lawyer to draft a new will for her so that she could continue to express her desire to give the majority of her estate to Florence. The information a New York Probate Lawyer gathered said she was afraid her sons will cause trouble for her daughter. This is when the terrorem clause was added wherein if any of the beneficiaries directly or indirectly contest the will or any of its conditions, their right to their share in the estate is revoked, and that share will be divided between the remaining parties who have not contested.

Published on: January 27, 2012

Lillian Sandow had two wills

by Stephen Bilkis

Lillian Sandow had two wills. One dated July 16, 1947 which was the one presented to the court for probate, and the other one was dated February 16, 1945. In the February 16, 1945 will, there were two beneficiaries declared as sole legatees. They were contending the July 16, 1947 will as a forgery. They are saying that the last three pages of the will which had the signature were authentic, and the first four pages were substituted.

According to a New York Probate Lawyer, the first four pages are the ones that contained the legacies and the appointment of the executrix. The last three pages of the signature of Ms. Sandow, the witnesses’ signature and the powers of attorney. They cited this and much on a previous case of Hinderson’s will and Teller’s will. In both these cases, the mere allegation of fraud caused the will to be vacated. In these cases though, the court had established that the fraud was in stopping the filing of any contest against the will. It was not an attack on the will itself. They also failed to notice that in both cases, the fraud was established in the preliminary hearing.

The petitioners claim there was no fraud in the withholding of the earlier will, and allegedly they found the earlier will in the office of a lawyer, who was not connected, in any way, to the parties. They also said that they questioned the authenticity of the will the same night that it was read and one consulted an attorney about it. He was advised that not being a beneficiary without an earlier will that shows he was part of is not going to be accepted by the court. A Manhattan Probate Lawyer mentioned that it was only after the older will was found that they felt they had a stand to contest the will says a New. They contest does not name the perpetrators of the forgery, but the words are directed to the executrix and her attorney as she is the sole beneficiary of the will.

Published on: January 25, 2012

Charles J. Brower died on April 15

by Stephen Bilkis

Charles J. Brower died on April 15, 1954 leaving a last will and testament that were admitted to probate on April 30 of the same year. He was survived by his wife Helen Brower and his brother Willard T. Brower. After about 11 and 1/2 years, on October 18, 1965. Mrs. Bower filed an appeal under the Decedent Estate Law that contested the fourth, fifth and sixth paragraph of the will. Her claim was that in gives more than 50% of the testator’s estate to a religious association.

A New York Probate Lawyer says that Section 17 of the Decedent Estate Law says ‘No person shall, devise or bequeath more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more. The validity of a devise or bequest for more than such one-half may be contested only by a surviving husband, wife, child, descendant or parent…’

Mr. Bower had made his wife, his brother and his friend and attorney David G. McCullough executors of his estate. He gave to his wife $2,500 plus any earnings of the residue remainder of his estate, and she can get part of the principal up to $500 in a calendar year in case of illness. Upon his wife’s death or if his wife precedes him, his brother gets $1,000. $1,000 to be given to New Hackensack Dutch Reformed Church in memory of my father, William Henry Brower and my mother, Jane Augusta Brower. To Reformed Dutch Church, he bequests $1,000 in memory of his wife. The rest of the residuary estate is given to New Hackensack Dutch Reformed Church.

Published on: January 22, 2012

Court Rules on Will Contest Proceeding

by Stephen Bilkis

In the matter of a decedent’s estate, his daughter had filed a motion for the court to wait on admission of a decision regarding the probate of the last will and testament. She also asked for a time extension to file objections and time to be able to examine the proponent and for an interpretation of the effect of the terrorem clause or no-contest clause that is included in the will.

On the return day of the hearing for the original matter, the daughter showed and the proponent was directed to change the petition because the adoptive daughter of the decedent’s predeceased son was not mentioned. More data that a New York Probate Lawyer obtained was the daughter was not served with the supplemental citation and is claiming she only received a day’s notice that a decree on the admission of the will to probate is going to be presented to the court. The daughter got an immediate order to show cause to wait in making a decision on the decree.

The daughter had checked witnesses who are verifying the proposed will and now wants to examine the proponent of the will. Her allegation was that the son of the testator, who is also an attorney at law, acted as the decedent’s attorney, and the will being executed in his office. Further, she is claiming that the provisions of the will were altered to assign other benefits to the proponent and his family at her expense. Suffolk County Probate Lawyers cited that the daughter was as well saying that her father was 80 years old at the execution of the will and was relying on other for his physical needs.

Published on: January 21, 2012

Court Rules on Will Contest between Siblings

by Stephen Bilkis

A woman died in June 1994. She left a last will and testament dated May, 25 1990. This will contain conditions in the bequest that favored her daughter. In the will, a New York Probate Lawyer said, it gave 50% of the remaining estate after taxes and fees to Mrs. Ellis daughter and the remainder is divided equally between her two sons. One would think it is unfair for the mother to do this, but with their history, you would understand why.

The previous will had the children sharing the estate equally, but after the woman’s husband died the sons’ relationship with their mother got worse and with her daughter better. There was even a letter sent by one son to his sister that accused her of scheming to distance the mother from her sons. This was in March 1980. He even went as far as demand to have the old will reinstated and that the mother should not help the daughter financially unless there is proof that she needs it. He stated in his letter that if his demand is granted, then he will not publicize the issue. The son threatened to file a court case if what he wants is not done. In an undated letter to his brother, he said the “estate would be in court so long that the daughter would never see any of the money.”

In May 1990, she executed the will submitted for probate. Aside from the provision she placed in favor of her daughter, she added that her will is based on the “loving care and attention” her daughter has showed her and her late husband, unlike the behavior their sons showed. She said the will is a product of a long and careful thought and was not because of undue influence from the daughter. Furthermore, in June 1993, she approached a new lawyer to draft a new will for her so that she could continue to express her desire to give the majority of her estate to the daughter. The information a Bronx Probate Lawyers gathered said she was afraid her sons will cause trouble for her daughter. This is when the terrorem clause was added wherein if any of the beneficiaries directly or indirectly contest the will or any of its conditions, their right to their share in the estate is revoked, and that share will be divided between the remaining parties who have not contested.

Published on: January 18, 2012

Court Rules on Will Contest Between Mother and Daughter

by Stephen Bilkis

A wife was named primary beneficiary and second wife of the decedent, and was named primary executor of all his estates in last June. But according to a New York Probate Lawyer,the decedent’s son, by previous marriage filed an objection on the last will and testament of his father claiming his wife exercised excessive and unlawful influence on his father and that the Will was executed with fraud. He filed an objection to his father’s will because he believed that the wife was not the rightful person to execute or manage his father’s properties and other cash and assets. Unfortunately no such evidence was found by the court and the wife was still and remained to be the sole executor of the husband’s will.

However, the wife went on and continued filing a case against the father’s daughter. The wife claimed that the daughter sent two letters to the father’s attorney and that both letters contained false accusations about her personality as well as her family’s reputation. They said letters were also sent to court as part of the evidence against the daughter. According to reports received by New York Estate Litigation Lawyer, the wife claimed that the daughter was objecting to the wife’s inheritance and the letters were her way to contest her father’s will. It was noted that the wife had already filed a previous case against the daughter to remove her from participating in her father’s estate. The court ruled in favour of the daughter saying that there was no sufficient evidence or any cause to bar her from such participation. That is why the wife again filed another case, still pursuing to remove the daughter from her father’s will and testament. The wife further claimed that the daughter and father conspired against her to remove her from being the executor of their father’s estate. However, the wife’s only evidence was the letters the daughter wrote and sent to the father’s attorney.

The daughter on the other hand, said that she only wrote those letters because she was asked by the father’s attorney for some background information on the mother and that those letters were never meant to hurt anybody or discredit anybody from anything. The court also said that it was also true that the daughter was not properly informed that her personal letters were going to be admitted as evidence against her in the court of law. A New York Will and Trust Lawyer was also informed that the daughter even signed a waiver and consent that her father’s will was valid and that the title as primary executor or beneficiary of his estate of properties were all executed legally and lawfully. These documents signed by the daughter with regards to her father’s estate and also with regards to her father’s chosen executor or beneficiary only made the mother’s defense stronger, strong enough to dismiss the daughter appeal to remove her from her father’s last will.

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.