Probate & Estate Litigation

Published on: October 22, 2012

Court Hears Will Contest

by Stephen Bilkis

This case is being heard in the Surrogates Court of Westchester County. The matter before the court deals with the estate of Leonard M. Greene, deceased. A New York Probate Lawyer said this is an incident that deals with the contested probate proceeding where the guardian ad litem for the infant distributes is seeking authorization to retain a medical expert to be paid from the estate.

Case History

Leonard Greene, the decedent, passed away on the first of December, 2006. He was 88 years old at the time he passed away. Survivors include seven children and two grandchildren. There is an issue of a predeceased child that was a passenger on United Airlines Flight 93 on September 11th, 2001.

Published on: October 21, 2012

Court Decides if Formal Accounting Necessary

by Stephen Bilkis

This case deals with the accounting of Leif I Rubinstein as the executor of the estate of William Gillett who is deceased. The case is being held in the Surrogates Court of Suffolk County. This is an executor’s account proceeding (estate administration) where the attorney fiducia is requesting nunc pro tunc approval for the payment that he made to himself for the legal services that he provided on behalf of the decedent’s estate. He did not have judicial authorization to make the payment. He is also seeking approval of disbursements that he made.

Case Background

Jurisdiction has been obtained over the parties for this proceeding and they have each executed waivers of service of process and have consented to granting the relief that has been requested.

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 19, 2012

Court Made Error in Staying Judgment Sale

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 appellant in the case is The Oysterman’s Bank & Trust Company. Fred A. Weeks, etc. is the defendant in the case and Alice Call is the respondent.

Case Background

A New York Probate Lawyer said a judgment was entered in the favor of the appellant against the defendant in the Supreme Court of Nassau County on the first of August, 1968. On the 13th of December, 1968 an execution on the judgment was issued to the Sherriff of Suffolk County against the interest of the defendant in certain real property. The amount of $632.09 was due in order to satisfy the judgment. The property in question was owned by the defendant as a tenant in common with the respondent.

Published on: October 17, 2012

Testatrix Leaves Her Estate to a Wildlife Sanctuary

by Stephen Bilkis

This case is being heard in the Suffolk County Court. The matter at hand deals with an application made by the American Museum of Natural History. The application requests a refund of certain taxes that the museum paid under erroneous and illegal assessments that were made.

The American Museum of Natural History is trying to recover certain taxes that they have paid or taxes that were paid on their behalf on certain real property that is located in the Town of Huntington. A New York Probate Lawyer said the refund claim is based on the ground that the property should have been tax exempt under provisions of the Tax Law.

Case Background

Published on: October 16, 2012

Court Looks at Stipulation of Settlement Agreement

by Stephen Bilkis

The Facts of the Case:

A New York Probate Lawyer said on 24 September 2008, the decedent died a resident and domiciliary of Nassau County. In November 2008, “A” filed a petition seeking a decree awarding her letters of administration. In the proceeding, “A” identified herself as the decedent’s wife. Annexed to the petition was an affidavit of heirship by a certain person, who swore therein that the decedent was married to the petitioner at the time of his death, and that the decedent died without children and without a will. On 25 November 2008, a decree of administration was issued and letters of administration to “A”.

Thereafter, “B”, as the named executor and one of the decedent’s siblings, filed a petition for probate of an instrument (a will contest proceeding) propounded to be the decedent’s last will and testament and for the issuance of letters testamentary. The petition identifies “A” as the decedent’s spouse, but states that the decedent was separated from “A” at the time of the decedent’s death; that the decedent died leaving 10 siblings. “B” and one other sibling of the decedent also instituted a proceeding seeking an order revoking letters of administration issued to “A”, and compelling her to account.

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 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 12, 2012

Court Reviews Stipulations Made in Divorce Decree

by Stephen Bilkis

This matter deals with the estate of Michael Pavese who is deceased. A New York Probate Lawyer said the main issue before the court is whether or not the stipulations that were made with his spouse Barbara Pavese during their divorce action are valid and enforceable. Barbara Pavese has petitioned for a determination that the stipulations of the divorce agreement be declared as void and ineffective and that all the funds that are held in specific United States Treasury Accounts be released to her immediately as the joint tenant with the right to survivorship or in the alternative that at least half of the funds be released to her immediately.

Case Facts

Barbara and Michael Pavese were married in April of 1981. In May of 2001, Michael Pavese moved out of the marital home located in Lloyd Harbor, New York, in Suffolk County. Michael moved in with his brother Peter in Massapequa, New York, in Nassau County.

Published on: October 11, 2012

Court Discusses Cy Pres Doctrine

by Stephen Bilkis

The Facts of the Case:

On 15 June 2004, the decedent died testate at the age of 74 years of old, without a spouse or issue. The decedent’s last will and testament dated 21 November 1996 was admitted to probate, a will contest proceeding, by decree dated 29 September 2005. The will named a certain person as the nominated executor (for purposes of estate administration) who predeceased the decedent. Thus, letters testamentary issued to the nominated substitute executor, on 30 September 2005. The attorney who prepared the will filed a disclosure statement executed by the decedent on 21 November 1996, which complied with the statutory requirements as it then existed; filed with the court his affidavit that was sworn to on 6 October 2004 and his affidavit sworn to on 30 October 2004.

Thereafter, the attorney has filed his account as executor for the period from 15 April 2005 to 31 January 2009. The account shows total charges of $951,949.88, total credits of $534,915.54 and a balance on hand of $417,034.34. The petitioner is seeking a decree judicially settling the account, approving legal fees, accounting fees and commissions, relief under the doctrine of cy pres as to two charities named in the will that are no longer in existence and approval to deposit the remaining assets on hand with the New York State Comptroller on behalf of any unknown distributees of the decedent. The Attorney General of New York appeared and filed objections to certain legal fees requested by the petitioner’s firm and to the amount of the executor’s commissions as calculated. A New York Probate Lawyer said the Attorney General supports the petitioner’s requests that the balance of the residuary estate be deposited with the New York State Comptroller and that the court direct that the bequests to the two charities no longer in existence be distributed to charities with substantially similar purposes.