New York City

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 27, 2012

Defendant Claims Plaintiff has No Legal Capacity to Sue

by Stephen Bilkis

This case is being heard in the Special Term of the Supreme Court of the State of New York in Queens County. The defendant has moved to dismiss the complaint against them on the ground that the plaintiff has no legal capacity to sue and that the court lacks legal jurisdiction over the matter.

A New York Probate Lawyer said the action is for a declaratory judgment on a fire insurance policy that covers the home, its contents, a garage, and the loss of use and rental value. The defendant issued the policy in the name of the Estate as the insured. The plaintiff is a devisee of the property under the will of the decedent. The will is currently un-probated as it is being contested and has not yet been heard in the Surrogates Court of Queens County.

Case Background

Published on: October 26, 2012

Will Submitted to Probate

by Stephen Bilkis

This matter deals with the last will and testament executed by the testatrix on the 26th of August, 1964. The matter is being handled by the Surrogate’s Court of Queens County. The instrument appears to be natural and leaves her entire estate to her husband. If her husband predeceases her the estate is split between her two adult daughters.

Case Discussion and Decision

The two daughters have signed waivers and consent to the will being admitted for probate. The will consists of three pages. A New York Probate Lawyer said the testatrix signed the will at the bottom of the second page. The final page appears to be an attestation clause that is signed by three witnesses and the signatures are notarized.

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 5, 2012

Plaintiff Moves for a Preliminary Injunction

by Stephen Bilkis

This case involves Joanne Cornell May as the plaintiff and Craig May as the defendant. The case is being heard in the Supreme Court of the State of New York in Suffolk County. This action made by the plaintiff started with the filing of a verified complaint made around the 24th of September in 2007. The plaintiff is seeking to recover possession and occupancy of a property located on Old Town Road in Setauket, New York. The defendant in the case is the son of the plaintiff’s husband, John May, who passed away in September of 2007. A New York Probate Lawyer said that there are nine causes of action set forth in this particular case.

Case Background

In this case the nine causes of action include ejectment, recovery of value of use and occupancy of the subject premises, treble damages, conversion, intentional infliction of emotional distress, tort, fraud, conversion, and unjust enrichment (estate litigation). The plaintiff is seeking a permanent injunction that enjoins that defendants use of the subject premises and money for damages.

Published on: September 10, 2012

Court Discusses Marital Trust Connected with a Will

by Stephen Bilkis

This matter deals with appointing the trustees of the trust for the benefit of Gertrude Feil under the fifth article of the last will and testament of Louis Feil who is deceased. The Surrogates Court of the State of New York located in Nassau County is overhearing this case.

Petitioner’s Motion

A New York Probate Lawyer said the petitioner has motioned for an order to grant the following relief: to dismiss the affirmative defenses that were interposed in the two proceedings, to grant a summary judgment to the petitioner and dismiss the answers and grant the petitions, and to have the letters of trusteeship issued to Jay I. Anderson in connection with the marital trust that was established in the fifth article of the will of Louis Feil and to issue letters of trusteeship to Jay I. Anderson, Erika Feil Lincoln, and Leonard Boxer in connection with the Charitable Lead Annuity Trusts that were established under the sixth article of the will of Louis Feil.

Published on: September 3, 2012

Probate Court Hears Case Filed by Fiduciary

by Stephen Bilkis

Queens Probate 18

This is an uncontested administratix’s accounting proceeding taking place in the Surrogate’s Court of Suffolk County. A New York Probate Lawyer said a stipulation has been submitted to the court for approval into the provisions of an intermediate accounting decree.

Case Background

Published on: August 6, 2012

Multiple Parties Seek to be Executor of Estate

by Stephen Bilkis

This is a matter of probate concerning the will of Evelyn May Hoelzer. The case is being heard in the Surrogate Court of the City of New York in Nassau County. The judge overseeing the hearing is John B. Riordan.

Probate Applications

This is a pending probate proceeding involving the will of Evelyn Hoelzer. There are currently two applications set before the court for preliminary letters testamentary. A New York Probate Lawyer said tne application is from Jeanne Schieck and the other is Richard Hoelzer. Jeanne is the decedent’s niece and Richard is the decedent’s brother.

Published on: July 22, 2012

Court Decides Guardian Ad Litem Fee

by Stephen Bilkis

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.