Probate & Estate Litigation

Published on: November 30, 2012

Respondent Claims Right to Letters of Administration

by Stephen Bilkis

This is a matter being held in the Second Department, Appellate Division of the Supreme Court of the State of New York and involves the probate of a will. The petitioner is appealing an order that was made in the Surrogate’s Court of Queens County on the 12th of January, 1960. The order denied her motion to strike out the appearance, authorization, and objections to probate that were filed by the respondent, the Public Administrator of Queens County.

Case Discussion

A New York Probate Lawyer said a special guardian was appointed by the court on behalf of the unknown distributees of the estate. The special guardian consented to act and filed objections to probate. The court directed service of citation upon the respondent. The respondent then filed a notice of appearance authorizing his attorney to appear in his place. The petitioner challenged the respondent’s status in this proceeding, which was confirmed by the Surrogate’s court act that allows the respondent to represent unknown persons in matters of 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 27, 2012

Court Questions Validity of Will

by Stephen Bilkis

This case is being heard in the Surrogate’s Court of Kings County. The case before the court is a proceeding to probate a copy of a testamentary instrument as a lost will. The petitioners have moved to withdraw their petition and have letters of administration issued instead.

Case Background

The decedent passed away in October of 2000. The propounded instrument was executed in March of 1995. In the instrument the decedent left her estate to her two sisters or the survivor. Her older sister was named as the executor and her younger sister was named as the successor. Her older sister passed away and as a result the entire estate passed to her younger sister in its entirety.

Published on: November 27, 2012

Court Makes Determination Where Multiple Wills Involved

by Stephen Bilkis

This is a case being heard in the Supreme Court, Special Term, in Queens County Part I. The case before the court is a motion made by the defendant for an order to dismiss the complaint and each of the causes of action against them on the ground that the court does not have jurisdiction over the subject matter and that the complaint does not state facts that are sufficient to support a cause of action.

Case Background

A New York Probate Lawyer the plaintiff’s mother and the defendant are the children and only survivors of the decedent who passed away as a resident of Queens County. The plaintiff is the assignee of her mother who lives in Italy. During her life the decedent owned a piece of real property located in Corona.

Published on: November 26, 2012

Court Makes Ruling When Original Will Missing

by Stephen Bilkis

This is a matter dealing with a last will and testament. The case is being heard in the Surrogate’s Court of Queens County. The decedent passed away on the 17th of March, 1956. The decedent was survived by four adult children. A copy of a will was found among her affects and is alleged to be written by the decedent on the 26th of July, 1938.

The will that was found left the amount of $200 to a priest for the masses to be performed for her and her deceased husband. The rest of the estate was to be divided between the four children.

Probate Proceeding

Published on: November 24, 2012

Court Looks at Proper Jurisdiction for Estate Administration Issue

by Stephen Bilkis

The case is being heard in the Surrogates Court of New York County. The motion before the court is made on behalf of the widow and minor child of the testator to dismiss the petition for probate in the interest of justice on the ground that a French forum would be convenient and a New York probate would be inconvenient.

In the petition for probate it is stated that the assets of the estate are between $200,000 and $300,000. However, during oral argument for the estate the estate is said to be worth between one and two million dollars.

Case Discussion

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 23, 2012

Petitioner Claims Will Signed Under Undue Influence

by Stephen Bilkis

This is a matter dealing with the probate of an estate. The case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York.

The petitioner is appealing an order that was made in the Surrogates Court of Queens County. The order was issued on the 29th of April, 1986 and denied probate of the purported will on the ground of undue influence and fraud.

Case Background

Published on: November 22, 2012

Court Looks at the Intent of the Decedent

by Stephen Bilkis

This is a petition for probate of the will of the decedent. The decedent died as a resident of Richmond County on the 19th of September, 1901 and left a last will and testament that was admitted to the courts on the 10th of October, 1902.

Background

The petition for probate sets forth that the next of kin are his widow, a son, and two daughters. A granddaughter is now seeking construction of paragraph five of the will that directs the executrix of the will to sell the farm located in Springfield in Queens County, New York. A New York Probate Lawyer said the proceeds from the sale are to be paid in the sum of $500 each for his daughters and the rest of the proceeds are to be invested and the rents, issues and profits are to be divided between his daughters in equal shares. Upon the passing of my daughters the sum invested shall be divided among their children. If they leave no issue of them surviving, then my son’s children as may be living shall receive the sum.

Published on: November 21, 2012

Defendant Contends Court Lacks Personal Jurisdiction

by Stephen Bilkis

This case is being heard in the Supreme Court of Nassau County. The action before the court is a case of accounting in regard to an estate. The decedent passed away on the 20th of September, 2000. A New York Probate Lawyer said at the time of her death she was a partner defendant in two cases involving property located in Queens. The plaintiff is also a partner in these cases.

Case Background

The will left by the decedent provides that the plaintiff and another individual would each receive a third of a share of her residuary estate. The remaining third of the estate was to be placed in a trust for the benefit of another.