Probate & Estate Litigation

Published on: October 10, 2012

Court Discusses Domestic Relations Law and Family Court Act

by Stephen Bilkis

The Facts of the Case:

The estate of decedent-one is the legal entity controlling the assets and obligations of decedent-two. No Last Will and Testament of decedent-two has ever been presented for probate nor read by plaintiffs, if one exists.

Meanwhile, decedent-two was married with wife-one and they had two children, child-one and child-two. Their decree of divorce was issued on 6 January 1997. Together they entered into a Stipulation of Settlement dated 19 September 1996 which was incorporated but not merged into the Judgment of Divorce. On or about 11 March 2000, decedent-two married the defendant, wife-two. Thereafter, a New York Probate Lawyer said child-two resided with decedent-one and wife-two in Suffolk County until the decedent’s death on 20 December 2008. Allegedly, sometime in August 2007, child-one was forced out of the residence by wife-two; that at the time of decedent-two’s death, he was suffering from lung cancer, metastatic stage four; and that wife-two administered him a lethal overdose of morphine which hastened his death.

Published on: October 9, 2012

Plaintiff Brings Will Contest Action

by Stephen Bilkis

This case deals with the plaintiffs Henry Rogers Benjamin Jr. individually and as the trustee of the trusts under article 13 of the will of Henry Rogers Benjamin, William E. Benjamin II, and William E. Benjamin III, Anne R. and Henry Rogers Barry, Douglas Benjamin, Gregory Benjamin, Theodore Benjamin, Christopher M. Benjamin, Alexandra Benjamin Vose, Beatrice Benjamin, Cynthia Barry Bidwell, and Anne E. Green. The defendants in this case are Morgan Guaranty Trust Company of New York and Morgan Guarantee Trust Company as the trustee of trusts under paragraphs a and b of article 13 of the will of Henry Rogers Benjamin and the Southampton Hospital Association and Memorial Hospital for Cancer and Allied Diseases.

Case Background

A New York Probate Lawyer said the decedent passed away on the 22nd of February, 1967. He left a will that was admitted for probate on the 13th of March, 1967. In the 13th article of his will the decedent devised and bequeathed half of his residuary estate in trust with the net income payable to his spouse during her lifetime. The trustees were given the discretionary power to invade the marital trust for the benefit of his spouse. He offered guidance to the trustees in the form of directing that his spouse receive a minimum of $1,000,000 per year utilizing the net income augmented by the principal. The spouse was given general power of appointment over the marital trust. If the spouse was to default on her power or exercise the power invalidly, the remaining principal of the marital trust would go to the decedent’s descendants, who are the plaintiffs in this case.

Published on: October 8, 2012

Court Hears Will Contest over Real Property

by Stephen Bilkis

This matter deals with the last will and testament of Irene N. Timblin, deceased. The case is being heard in the Surrogates Court of Suffolk County. The will has been propounded in the Surrogates Court of Suffolk County. The Public Administrator of Cascade County in California has raised objections to the probate upon the ground that the decedent died while living in Cascade County, California and not in Suffolk County.

Case Background

The decedent and her husband lived in Blueblinds at Smithtown in a manor home located on Long Island. The graves are located near Saint James. The husband passed away in November of 1955 and his wife passed away in May of 1956.

Published on: October 8, 2012

Court Hears Four Guardianship Proceedings

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 case involves the respondent, Alice A. Amrhein and the appellant Ernest L. Signorelli. In this case the Commissioner of Social Services of the County of Suffolk is challenging the authority of the Surrogate to order her or the Department of Social Services of Suffolk County to conduct investigations including home studies and criminal checks of petitioners in guardianship proceedings that are brought in front of the Surrogate’s Court.

Case Background

The facts of this case involve 4 different guardianship proceedings. The first matter involves the Robinsons, who are the maternal aunt and uncle of a then fifteen year old girl who sought guardianship after the death of the girl’s parents.

Published on: October 6, 2012

Petitioner Claims Will was Not Properly Executed

by Stephen Bilkis

This is a case being heard in the Surrogate’s Court of the State of New York located in Nassau County. The case deals with the last will and testament of Zelda Astor. The will is being contested by objectant Regina Astor Zyats who moves for an order of summary judgment and denying the admission of the purported will that is dated the 17th of June, 2005 to probate on the ground that there is lack of due execution of the will. Ms. Zyats also seeks to have the letters testamentary that were issued to Paula Sue Astor – Ferraro revoked. The petitioner, Ms. Ferraro, opposes the motion.

Case Background

The decedent, Zelda Astor, passed away in July of 2005. She left a will that is dated the 17th of June, 2005. The decedent is survived by four children, Jeffrey Howard Astor, Stephen Brent Astor, Regina Astor Zyats, and Paula Sue Astor – Ferraro. In the purported will the decedent makes bequests of case in the amount of $5000 to Regina, $10,000 to Jeffrey, $25,000 to Stephen, $25,000 to her grandson Baron Zyats, $5000 to her granddaughter Rachel Zyats, and $5000 to her former daughter in law, Pamela Astor. A New York Probate Lawyer said the will nominates Paula as the executor of the will. Additionally, in the eighth article of the will the decedent bequeaths her entire residuary estate to Paula.

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: October 3, 2012

Plaintiff Seeks to Set Aside Property Transfer

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 John Oggioni. The respondents in the case are Ellen Oggioni, et al. The plaintiff is appealing an order to set aside a deed on the ground of fraud. The original order was made by the Suffolk County Supreme Court and was dated the 9th of January, 2006. The order granted a cross motion made by the defendant that dismissed the complaint as time barred and denied the plaintiff’s motion for a joining trial of this action with another proceeding of an entitled probate proceeding of the will of Frank Oggioni pending the decision made in the Surrogate Court of Suffolk County.

Case Background

At some time in 1995, the plaintiff and his father, Frank Oggioni, became estranged. On the 30th of December, 1996, the father executed a will that left his property, both real and personal and mixed to his daughters, the defendants Ellen and Florence Oggioni in equal shares. There was not testamentary disposition made to the plaintiff.

Published on: October 2, 2012

Beneficiaries Bring Will Contest Action

by Stephen Bilkis

This is a probate proceeding involving the estate of Alexander MacLeman, deceased. The case is being heard in the Surrogate’s Court of the City of New York located in Westchester County. The probate of the estate is being contested in this case. Karen MacLeman Morgese, who is one of the three children of the decedent and a nominated co-executor of the will, has offered the will for probate. Karen’s two brothers, John and William MacLeman have each filed objections to the probate.

Case Background

The decedent passed away on the 10th of December, 2003. He was 91 years old at the time and living in an assisted living facility located in Ossining in Westchester County, New York. The decedents will, gave the real property located in Amagansett, Suffolk County to his daughter Karen. The will bequeathed $50,000 to William to equalize loans he had made to his other children. A New York Probate Lawyer said the loans of the other children were forgiven in the will. The personal property and residuary estate were given to all three children in equal parts. A further provision in the will stated that any checking accounts, savings accounts, certificates of deposit, etc. that he held jointly with any of the children at the time he passed would be estate assets and not provided to the surviving joint tenant of the assets.

Published on: October 1, 2012

Court Reviews Alleged Fraudulent Acts by Fiduciaries

by Stephen Bilkis

This is a case being heard in the Surrogate’s Court of Suffolk County. The case involves the will of Madeleine Daltrolff Corya, who is deceased. The case is an accounting proceeding where the co-petitioners, the attorney – draftsman and the Bankers Trust Company have requested that the court fix and determine the fee and disbursements of the attorney’s law firm in the amount of $250,000 and to fix and allow the combined commissions for the total amount of $1,634,230.40. The counsel has requested a hearing be held in respect to this application for fees and disbursements.

Case Background

The decedent passed away in April of 1987 and is survived by a grand nephew. The decedent bequeathed her entire estate, which amounted to approximately $46 million at the time she passed away, to two charitable organizations, the American Cancer Society and Memorial Hospital for Cancer and Allied Diseases of New York. Her attorney, John J. Barrett and the Bankers Trust Company of New York were named as executors of the will.

Published on: September 30, 2012

Petitioner Seeks Repayment of Debt

by Stephen Bilkis

This matter deals with a petition from A.S. The petitioner is attempting to prove that a debt that is due to him by W. S., who is deceased. This matter is being heard before the Surrogates Court located in Queens County.

Case Background

Josephine and William Schweizer executed a joint and mutual will in 1938. In the will William left his entire estate to Josephine upon his passing and in her will Josephine left her entire estate to William upon her passing. Upon the death of the final survivor of the estate the remainder of the estate, excluding specific bequests, was to be left to their two grandchildren, divided equally among them upon them reaching the age of 25.