Queens

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 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 10, 2012

Court Decides Disposition of Real Property

by Stephen Bilkis

In a discovery hearing held before the Surrogate’s Court of the City of New York located in Nassau County the estate is seeking to establish the existence of a leasehold interest in commercial real property and to enforce its provisions. A New York Probate Lawyer said the petitioner has submitted an application to the court for preliminary injunction.

Case Background

The decedent passed away on the 2nd of May, 2004 and is survived by three children, one who is the respondent in the case. A petition has been filed for probate of an instrument that was dated the 2nd of July, 2002.

Published on: October 31, 2012

Action Brought to Foreclose on Property

by Stephen Bilkis

The case deals with the estate of the decedent of which the distributees are unknown. The Supreme Court of the State of New York in Suffolk County is overseeing this particular matter.

Case Background

This action was commenced to foreclose a mortgage on real property located at 83 Orange Street, Central Islip, New York. The plaintiff filed a summons and complaint regarding this matter on the 14th of June, 2011.

Published on: October 27, 2012

Defendant Claims Plaintiff has No Legal Capacity to Sue

by Stephen Bilkis

This case is being heard in the Special Term of the Supreme Court of the State of New York in Queens County. The defendant has moved to dismiss the complaint against them on the ground that the plaintiff has no legal capacity to sue and that the court lacks legal jurisdiction over the matter.

A New York Probate Lawyer said the action is for a declaratory judgment on a fire insurance policy that covers the home, its contents, a garage, and the loss of use and rental value. The defendant issued the policy in the name of the Estate as the insured. The plaintiff is a devisee of the property under the will of the decedent. The will is currently un-probated as it is being contested and has not yet been heard in the Surrogates Court of Queens County.

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 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 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 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: 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