Probate & Estate Litigation

Published on: September 29, 2012

Court Interpretes Last Will and Testament

by Stephen Bilkis

This is an application made by Julia E. Paige to obtain a construction of the last will and testament of Fred Edey, who is deceased, as a way to determine the proper rates of commissions that are to be paid to the testamentary trustee under the will. This matter is being heard in the Surrogate’s Court of Suffolk County.

Case History

The Surrogate’s Court of Suffolk County in 1929, appointed Old Colony Trust Company from Boston, Massachusetts as the testamentary trustee of the estate of Fred Edey. Old Colony Trust Company has been acting as trustee since this time. From the years 1929 through 1954 the compensation rates as the trustee were calculated in accordance with the statutory rates of New York. Since 1954, the rates have been calculated using their own schedule of charges, which is some what higher than the New York statutory rates. Massachusetts law does not provide specific statutory rates.

Published on: September 28, 2012

Court Hears Action for Specific Performance

by Stephen Bilkis

This matter deals with Angelo Licata who is deceased. The appellant of the case is Annette Chessare and the respondents in the case are Cecilia Licata, et al. The case is being heard in the Second Judicial Department, Appellate Division, of the Supreme Court of the State of New York.

According to a New York Probate Lawyer, a probate proceeding was held and an action for specific performance of a contract to sell real property was transferred from the Supreme Court of Suffolk County to the Surrogate’s Court of Suffolk County. The appellant, Annette Chessare is appealing the order from the Surrogates Court dated the fifth of February, 2009 that denied her motion for summary judgment on the complaint made in the action for specific performance and an order from the same court made on the 25th of September, 2009 upon re-argument that adhered to the original decision that was previously made on the fifth of February, 2009.

Court Discussion and Decision

Published on: September 27, 2012

Plaintiff Requests an Accounting

by Stephen Bilkis

This case involves Richard P. Booth as the administrator for the Estate of Donald W. Booth Sr. as the plaintiff. The defendant in the case is the Ameriquest Mortgage Company. The Supreme Court of the State of New York in Suffolk County is hearing the case.

A New York Probate Lawyer said the plaintiff, Richard P. Booth is seeking a judgment to set aside and declare a leasehold mortgage given by the defendant, Ameriquest Mortgage Company to be null and void and to cancel and discharge the mortgage, and to direct the Clerk of Suffolk County to cancel and discharge the record of the mortgage.

Case Background

Published on: September 15, 2012

Court Rules on Estate Pursuant to Suffolk County Tax Act

by Stephen Bilkis

This case is being heard in the Special Term of the Supreme Court of Suffolk County. The matter deals with Randolph Cowan versus Rose McVey, et al. This is a proceeding under article 15 of Real Property Law. A judgment has been entered that determined the plaintiff’s absolute ownership in the subject premises. The State of New York has moved for the judgment to be vacated, for the right to intervene, and for other relief as well.

Case Background

A New York Probate Lawyer said the complaint in this action shows that on the 17th of November, 1958, the plaintiff obtained an interest in a premises located in this county. The purchase of the premises was made at a tax sale. ON the 16th of November, 1961, the title was vesting in the State of New York as a result of appropriation. A deed was delivered to the plaintiff by the County Treasurer of Suffolk County on the 28th of November, 1961.

Published on: September 13, 2012

Court Rules on Full Faith and Credit Act of the Constitution

by Stephen Bilkis

This matter deals with Howard E. Bennett, who is also known as Ward Bennett and is deceased. The appellant in the case is David White. Robert Middleton, et al is the respondents in this matter. The case is being heard in the Supreme Court of the State of New York, Appellate Division, and Second Judicial Department.

A New York Family Lawyer said the the petitioner, David White is appealing an order that was made in the Surrogate’s Court of Suffolk County made on the 21st of December, 2009 that granted the motion of Andrew Sabin for leave to intervene in the proceeding and revoked his ancillary letters testamentary and an order from the same court that was made on the 24th of June, 2010 upon renewal and re-argument of the case adhered to the original determination made in the December 21st decision.

Case Background

Published on: September 12, 2012

Public Administrator Seeking Approval for Accounting

by Stephen Bilkis

This matter deals with the account of proceedings of Eric P. Milgrim, the Public Administrator for Nassau County as the administrator of the estate of Nora Mabry who is deceased. The Surrogates Court of the State of New York in the county of Nassau is hearing this case.

Case Background

A New York Probate Lawyer said presented to the court are the first and the final account of the Public Administrator for the estate of Nora Mabry. Nora Mabry died intestate as a resident of Uniondale, on the 26th of December, 1998. The decedent left a will that was dated the 15th of June, 1979. In the will the decedent bequeathed her entire residuary estate to her nephew, Wyman Scott who died after the decedent. The Public Administrator was appointed as the temporary administrator for the estate on the 14th of April, 2005. The will of the decedent was admitted for probate by a decree from this court dated the 11th of May, 2010. Letters of administration were issued to the Public Administrator at this time.

Published on: September 11, 2012

Court Discusses Final Accounting of Estate

by Stephen Bilkis

This matter deals with the accounting done by Daniel D’Amico as the Executor of the estate of Andrew Peter D’Amico, deceased. The case is being heard in the Surrogates Court of the State of New York located in the county of Nassau.

A New York Probate Lawyer said the accounting done by Daniel D’Amico as the executor of the estate of Andrew Peter D’Amico has been submitted to the court for review. The executor is seeking approval of his final accounting regarding the estate. This includes the computation and payment of his commissions as the executor of the estate and the commissions of Andrew D’Amico as trustee. In addition, the executor seeks approval of the allowance of fees and expenses for the attorney and accountant and approval to repay a loan made by Gloria Maria D’Amico.

Case Background

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 9, 2012

Court Decides Jurisdiction Issue

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. In this case the objectants are appealing a decree made in the Surrogate’s Court of Queens County. A New York Probate Lawyer said the decree was made on the 9th of September, 1975 and adjudged that the decedent died as a resident of Queens County. A will was admitted to the court for probate and letters of testamentary were provided to the people named in the will as executors of the estate.

Case Background

The decedent, was the successful owner of a business complex that manufactured plastic products for the school stationery industry. The business was run in the city of Flushing located in Queens County. In 1965, he had one of his corporations rent an apartment for him to use in Miami Beach. He used the apartment from January of 1966 through 1969. When the lease for the apartment was made the decedent was living in a penthouse apartment located in Manhattan. He had created an apartment out of an upper space of one of his business buildings for convenience. He would stay in that apartment from time to time as well.

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