Probate & Estate Litigation

Published on: November 19, 2012

Defendanat Seeks Declaratory Judgment to Quiet Title

by Stephen Bilkis

The plaintiffs have started this action seeking a declaration that they are the rightful owners of a premise. They further seek a declaration that they gained the title of the premise by an adverse possession and they permanently enjoin the defendant from evicting them from the premises. A temporary restraining order was issued by this court enjoining the defendant from proceeding with their previous holdover proceeding pending a hearing in this matter.

Plaintiffs Argument

A New York Probate Lawyer said to support their case the plaintiffs submit an affidavit that contains the following allegations: all of the alleged property was bequeathed to the plaintiffs and the plaintiffs have lived at the subject premises for more than 40 years. They have paid all of the taxes for the property, as well as all other charges as well as the insurance for the premises.

Published on: November 18, 2012

Court Analyzes Format of the Will

by Stephen Bilkis

This is a case being heard in the Surrogate’s Court of Queens County. The matter involves the executor of a will who is requesting that the court construe the instrument, particularly the first paragraph in order to determine what is to be charged to the legacy that he receives under it.

Court Discussion

The paragraph that is being question reads, “After my lawful debts are paid I bequeath the sum of $10,000 to the executor. A New York Probate Lawyer said that out of this sum he is to pay my funeral expenses and other lawful debts and pay for the perpetual care for my grave and the grave of my late husband.”

Published on: November 18, 2012

Estate Attorneys Battle Over Fees

by Stephen Bilkis

This is a matter being heard in the Surrogate’s Court of Queens County. This is a contested probate proceeding in regard to the judicial settlement of the executor’s account, which was tried by the Court without a jury.

Case Background

The decedent of the estate died in September of 1981 and left behind a fairly modest estate. The estate consisted of $33,000 in personal property along with a house and a lot located in Queens County that was valued at $140,000. The decedent left behind a handwritten will that reads as more of a love letter to her estranged grandchildren. The will was admitted for probate in October of 1981. The terms of the will left the entire estate to her four grandchildren to be divided equally, with several small bequests to others.

Published on: November 17, 2012

Court Decides a Guardianship Issue

by Stephen Bilkis

This is a case being heard by the Queens County Surrogate’s Court. The subject of this case involves the guardianship of three children. The mother of the children passed away in October of 1975 and the father died on the 24th of May, 1976.

Case History

Before the father passed away, he and the children lived with his mother and his brother. After he passed away, the children continued to live with their paternal grandmother and uncle. The uncle was married in September of 1976 and since this time the children have lived with their uncle and his wife.

Published on: November 16, 2012

Appellant Brings Motion to Strike Affirmative Defense of Lack of Personal Jurisdiction

by Stephen Bilkis

This case is taking place in the New York Supreme Court.

Case Background

There are a series of four motions in this particular case. The first motion in this case was originally brought on by the order to show cause in the Queens County court and then transferred to this court. A New York Probate Lawyer said the action is brought forth on behalf of the plaintiff from the third action and requests the reversal of priority depositions made between the defendant and the plaintiff and to direct the defendant to appear for a deposition.

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 14, 2012

Appellant Requests Letters of Administration

by Stephen Bilkis

This is an appeal case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The petitioner in this case is appealing an order of decree made in the Surrogate’s Court of Queens County. The order is dated the 2nd of May, 1980 and admitted to probate a will from March 7th of 1978 and also failed to order his application for letters of administration.

Case Discussion and Decision

The records for the case show that the will that was dated the 7th of March 1978 was properly admitted for probate over the challenge from the appellant. However, the Surrogate did make an error by denying the petition for letters of administration made by the appellant because of a conflict of interest.

Published on: November 13, 2012

Appellants Appeal Facts from a Previous Decree

by Stephen Bilkis

This is a matter being heard in the Supreme Court of the State of New York, Second Division of the Appellate Court. The issue involves a probate proceeding where the contestants are appealing the facts from a decree made in the Surrogate’s Court of Nassau County. The order in question was entered on the 23rd of May, 1962 on a jury verdict that admitted the propounded instrument for probate as the decedent’s will and revoked the letters of administration that were issued previously.

Case Discussion and Decision

The court finds if favor of the appellant and the decree is reversed on the law. The costs to the contestants are to be paid from the estate. The motion made by the contestants to set aside the jury verdict and deny probate of the propounded instrument is granted and the petition is dismissed. A New York Probate Lawyer said the letters of administration will be reinstated and the entire matter will be remitted to the Surrogates court.

Published on: November 12, 2012

Appellant Claims Undue Influence

by Stephen Bilkis

This is a case being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. The case involves a contested probate proceeding. The proponent in the case is appealing a decree made in the Surrogates Court of Queens County made on the 25th of May, 1962. The decree denied probate to the written instrument as the last will and testament of the decedent. It was adjudged that the will was executed under undue influence and fraud exerted upon her by the proponent.

Court Discussion and Decision

A New York Probate Lawyer said the proponent in this case is the son of the decedent and a lawyer. The two contestants in the case are the children of another son who is deceased. The proponent prepared the propounded instrument that bequeaths the estate in equal shares to him and his three sisters, but excludes the two contestants from any share of the estate.

Published on: November 11, 2012

Court Decides Jurisdiction of Will

by Stephen Bilkis

This is a probate case being held in the Surrogate’s Court of Queens County. The testatrix in the matter died a resident of Connecticut. She left both tangible and intangible personal property in Queens County. Her will states that her entire estate is to be divided equally between her two sons who are non residents. The oldest son is named as the executor of the estate and has filed a petition for probate in this court. After this proceeding was commenced, the younger brother who knew about the will received letters of administration from his mother’s estate in Connecticut. The youngest son is now moving to dismiss the petition in this court for lack of jurisdiction.

Case Discussion and Decision

A New York Probate Lawyers said while it is inarguable that the testatrix was a resident of Connecticut and the two legatees are non residents, the court has the discretion to permit the original probate of a will of a non resident who dies outside of the state that leaves personal property within this county.