Articles Posted in Staten Island

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The trial discussed concerns the legal settlement of the final account of two persons and the fixation of legal fees. The two persons were the appointed guardians of the properties of the deceased incompetent man. While the administrator of the properties also filed objections and has argued for a surcharge against one of the appointed guardians and for a direction that the other appointed guardian accounts for the money supposedly belonging to the properties that he received both prior and subsequent to his appointment. A New York Probate Lawyer said the opposing motion was granted for the extent that the appointed guardian must file a detail of his acts.

It started when the sister of the incompetent man was appointed as the guardian of her brother and as well as guardian of his properties by the order of the New York Court. She was also appointed guardian as a result of the additional proceedings in the Superior Court of New Jersey, where the incompetent man possess properties. Through a court order, she was permitted to move the incompetent man and certain of his assets to California, where she resided with her husband. Years later, the sister of the incompetent man died in California. At that time, the incompetent man was also in California, as were certain assets of his estate, which were in part transferred from his properties in New York and New Jersey. Afterwards, the husband of the sister of the deceased was appointed as his guardian as well as of his properties by the order of the superior court of California, Los Angeles County.

The husband of the sister filed a petition claiming that the deceased brother-in-law was a resident of Los Angeles County and was then a patient at one of the sanitarium. A Staten Island Probate Lawyer said he also stated that his wife had been the guardian of the incompetent man by appointments in the Courts of New York and New Jersey, and that at the time of her death, as such guardian, she had in her control her personal property. It appears that the husband believes that the deceased was a resident of California, and petitioned for his appointment under the California Probate Code. Under the said section, notice is required to be given only to the relatives of the incompetent man within the second degree and residing in California. However, it is agreed that the incompetent man was not a resident of California at such time, and the law is clear that a guardian may not change the residence of the incompetent man. The protesting party concludes that the order of the California Court appointing the husband as guardian was void and further stress that all of the husband’s acts under the order are void.

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On 28 October 2006, the decedent died leaving a will dated 27 April 2006. The will nominates two (2) executors. Thereafter, one of the executors renounced his appointment. The decedent was survived by his two adult children.

Under the will, the entire residuary estate is left to the decedent’s companion and the decedent’s children are disinherited. One of the named executors (petitioner) now petitions for preliminary letters testamentary.

The primordial issue (in the estate litigation) is whether or not the petition for preliminary letters should be granted.

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This is a summary proceeding case involving the public administrator of New York versus the respondent who was one of the heirs of the decedent. The facts of the

case states that the decedent died in 1977 leaving a will. In that will, the house and lot was devised to one of the daughters and the other two children that includes the herein respondent were allotted legacies in the form of bank account of their testator-father. It turned out that there were no more deposits in the said bank accounts and the only property left by the decedent was the house and lot which was allotted to just one daughter. The two daughters that included the respondent in effect did not inherit anything.

The daughter who inherited the entire estate of the decedent died on September 2000 without leaving a will. The court issued letters of administration to the public administrator who is now the petitioner in the case, for the legal disposition of the daughter’s properties and assets which included the estate of her father. In 2008, the respondent filed objections to the probate of the will of her father alleging that the said will is a forgery and that there was an earlier true will that was made by her decedent father. Notwithstanding the objection of the respondent, a New York Probate Lawyer said the proceedings continued and the house and lot originally coming from the decedent father was sold in June 18, 2010. After the house and lot was sold, the public administrator filed a petition for the final accounting of the proceeds of the sale as well as the finalization of his duties in this particular issue.

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The deceased man endowed in his will his three surviving brothers, a goddaughter and his same sex partner spouse that he married in Canada. He left the residue of his estate to the respondent, his same-sex partner spouse. The deceased man appointed the respondent spouse as the executor of his will, the said will included a no-contest clause which threatens anyone who challenges the legality of the will shall be eliminated. The respondent, as the executor named in the will, filed a petition for probate in the Surrogate’s Court. The respondent identified himself as the deceased man’s surviving spouse and the sole successor. The respondent served the beneficiaries with notice of validation and the Surrogate’s Court issued a ruling granting validation.

On January 26, 2009, the Surrogate’s Court issued an opinion finding that the respondent was indeed the deceased man’s surviving spouse and sole successor. In regard with such findings, citation of the validation proceeding need not be issued to anyone. The court found that the deceased man’s same-sex marriage to the respondent was valid under the laws of Canada, where it was performed. The said marriage did not fall into either of the two exceptions to the marriage recognition rule, as the marriage was not affirmatively prohibited or proscribed by natural law. Accordingly, the Surrogate’s Court found that the marriage was entitled to recognition.

The appellant alleges that the court was not in jurisdiction to grant the validation proceeding without having been issued with citation being the deceased man’s surviving siblings.

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In 1935, a trust fund was created by a mother in favour of her son which provides among others that in the event of the death of her son, the trust shall be divided in 6 equal parts and one of which shall be held in trust for her grandson. The trust also stated that should the grandson die, the trustee should distribute the remainder of the funds according to the will of the said grandson or the laws of intestacy should there be no will executed by the latter in favour of his heirs. The trust agreement was entered into between the mother and a trust company in New York which was also the domicile of the mother at that time.

The son who was the original beneficiary, died in 1962 while the grandson died in California in 1965 survived by his widow and a daughter as well as 5 children coming from the first marriage. The grandson had a will and it was admitted to probate in California since it was his domiciliary. The will of the grandson specifically directed that all his remaining trust fund be further divided into two trusts for the benefit of his spouse and daughter with a proviso that the trust for the daughter be terminated 21 years after the last survivor of his wife, his daughter, and the children of his daughter who were living at the time of his death, has died.

A New York Probate Lawyer said the original trustee in New York commenced a proceeding for the final accounting and settlement of the trust intended for the grandson. The executor of the grandson’s estate which was in California instituted a separate proceeding involving the issue of heirship at the Superior Court of California. The executor claimed that the will executed by the grandson should be construed in a manner that the trust should be terminated upon the death of the grandson’s daughter. The New York court from which the final accounting and settlement of the trust was filed, decided to hold further proceedings pending the determination of the California Superior Court of the issues brought to its attention.

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The petitioner is the surviving spouse of the deceased who died a resident in the State of Florida. The deceased man’s Last Will and Testament was executed in the State of Florida and admitted for validation by the Circuit Court of the County of Lee, State of Florida. The will specifically devises the deceased man’s interest in the real property in the Town of East Greenbush Rensselaer County, State of New York, to his former wife and the remainder of his property to his two children. The deceased man’s son is the executor nominated in the will and he was appointed by the Florida Circuit Court. The executor, thereafter, petitioned the Court for supplementary probate of the deceased man’s will and it was subsequently admitted for validation.

All of the deceased man’s assets were located in the State of Florida except for the real property located in the Town of East Greenbush. The petitioner has exercised her elective share under the Florida law since the deceased man’s last will made no provisions for the petitioner spouse. The Florida law does not take into account real property not located in Florida so the petitioner filed a right of election against the deceased man’s New York State real property and has commenced the proceeding for the Court to determine the validity of her right of election.

A New York Probate Lawyer said the deceased man’s former wife has appeared in the will contest proceeding by her attorney and has joined with the executor of the deceased man’s property in denying that the petitioner can exercise a right of election against the East Greenbush property.

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A man had separated from his wife and died on November 19, 1983 in Pennsylvania where he was admittedly residing. He was survived by his wife and two adult sons.

On December 5, 1983, a petition for probate of the deceased man’s last will and its supplement was filed by the friend of the deceased and his attorney who were his nominated executors. Jurisdiction of the New York County Surrogate’s court was invoked on the basis that the personal property of the deceased which includes shares of a corporation in America, had come into the county of New York after his death. The beneficiaries under the will namely, the deceased man’s two sons, his father, his brother and two sisters, all consented for validation in New York County.

No provision was made for deceased man’s wife in the will. A New York Probate Lawyer said she was cited and filed an answer to petition with jury demand. Among her allegations, the wife contends that the New York County Court lacks jurisdiction over the estate because the subject jurisdictional assets and the shares of the corporation were fraudulently brought into the county. Subsequently, despite her contention that the court lacks jurisdiction, she moved for the issuance of temporary letters to any person other than the nominated executors under the will. The proponent’s cross-moved for the issuance of preliminary letters.

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In paragraph third of a will, a deceased woman made twenty-seven gifts to individuals and charitable institutions thereto. Each of the endowments was described as consisting of a fixed percentage of her property. The parties are in dispute as to whether the language of gift requires that the legacies be measured in terms of a percentage of the gross or of the net property and, if the latter, as to the formula for determination of its dimensions. The court construes the direction of the woman as requiring division of the property upon its net rather than upon its gross value.

A New York Probate Lawyer said that it is conceded that as a general rule, in the absence of some provision to the contrary, debts and administration expenses are deducted in computing the value of a property when a fraction thereof has been bestowed.

There is nothing to be found anywhere in the will to suggest that the deceased woman entertained any notion of making her endowments in terms of percentages of the gross property and as a consequence, the court cannot concur in the proposition that such was her intention.

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This is a case involving the estate of a decedent who was a national of British Honduras and left properties located in New York and other countries. The decedent left no legitimate heirs and part of the properties he left involved certificates of stocks from 50 corporations and other banks as well as brokerage accounts all found in New York. An action was filed in the Court of New York for the escheat of the said stock certificates and other accounts since there were no legitimate heirs available to lay claim to the said properties. British Honduras, through its representatives also laid claim on the said certificates and other accounts in the name of the State arguing that since the latter died with no heirs, that the State of British Honduras can therefore claim said properties as by law they already belong to the State.

The facts state that the decedent executed a will way back in 1918. This will was admitted to probate by the Supreme Court of British Honduras. Later on, a second will surfaced in 1955 and an action was brought to have the 1918 will revoked because of the existence of a later will. Suffolk County Probate Lawyers said petitions were filed to declare the 1918 will as destroyed or revoked which was timely opposed by the concerned parties. Delays were incurred due to the legal battle and before the Court of British Honduras can finally decide the issue, the Surrogate Court of New York assumed jurisdiction to have the 1955 will probated and appointed to that effect a special guardian for possible infant legatees who are still possibly living in British Honduras.

The government of British Honduras protested the jurisdiction assumed by the Surrogate Court of New York and filed a case in intervention arguing that since the case is still pending in their country, the New York Court has no right to assume jurisdiction. A New York Probate Lawyer said they argued further that since there was effectively only one estate of the decedent and this pertains to all kinds of properties wherever they may be found, and arguing further that the decedent is a citizen of their country, that all other probate or estate administration must originate from the country where the decedent is domiciled and all other proceedings later filled must be treated as only ancillary to the proceedings of the court that first took cognizance of the case.

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A man had a son and two daughters. In 1995, the father and the son had a falling out. In December 1996, the father made a will leaving all of his real and personal properties to his two daughters in equal shares. The son was left out of the will entirely. Five months later, the father was hospitalized where he was diagnosed with senile dementia. He was declared to be mentally incompetent.

On the same day he was diagnosed with senile dementia, he signed a deed transferring to his daughter the ownership of his home in Kingspark, New York. He also executed a general power of attorney giving power to his two daughters. In September, the father died.

Two years after the death of the father, in September 2000, the son petitioned the Surrogate’s Court to be appointed as administrator of his father’s estate. Among his father’s properties, he listed his father’s house in Kingspark, New York.

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