Suffolk County

Published on: October 26, 2012

Will Submitted to Probate

by Stephen Bilkis

This matter deals with the last will and testament executed by the testatrix on the 26th of August, 1964. The matter is being handled by the Surrogate’s Court of Queens County. The instrument appears to be natural and leaves her entire estate to her husband. If her husband predeceases her the estate is split between her two adult daughters.

Case Discussion and Decision

The two daughters have signed waivers and consent to the will being admitted for probate. The will consists of three pages. A New York Probate Lawyer said the testatrix signed the will at the bottom of the second page. The final page appears to be an attestation clause that is signed by three witnesses and the signatures are notarized.

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 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 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 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: August 7, 2012

Guardian ad Litem Contends Undue Influence

by Stephen Bilkis

This is a probate proceeding that questions the will of Vito DeMarco, the deceased. The case involves the administrator of the estate, Christina Matozzo versus the Trustee of the Vito DeMarco Living Trust, Anthony DeMarco. Mr. DeMarco is seeking to declare that the trust is invalid. The case is being heard in the Surrogate’s Court of the State of New York.

Proceedings

There are currently three different proceedings that are pending in regard to the Vito DeMarco estate. The first is the proceeding that seeks to assert that the Vito DeMarco Living Trust that is dated the 19th of March, 2001 as invalid.

Published on: August 1, 2012

An Estate Administrator Seeks to Bar Property Transfer

by Stephen Bilkis

A deceased wife, who owned a property at Brooklyn, has taken sole title as an occupant by the entirety following the death of her husband. The day after the death of the wife, a woman performed a deed whereby she allegedly conveyed, as the estate administrator and titled the property to herself as recipient. The woman performed a mortgage on the property in favor of a financial institution to secure a loan in the amount of $250,000.00. Consequently, the woman again performed a mortgage on the property in favor of a mortgage company to secure a loan in the amount of $340,000.00. According to the settlement, the mortgage transaction proceeds totaling $251,237.66 were used to pay off the prior financial institution’s mortgage. A New York Probate Lawyer said the approval of the financial institution’s mortgage was then recorded.

The complainant, a mortgage company, issued an approval of its $340,000.00 mortgage, apparently in error. The approval of the complainant’s mortgage was then recorded. Afterwards, the complainant filed a notice of pendency on the property and initiated the instant action to vacate the approval of mortgage and to restore its mortgage lien to its priority position.

Consequently, another woman claiming to be the administrator the estate (estate administration) moved for an order to cancel the notice of pendency, permanently barring as a lien and discharging of record to a certain mortgage on the property. The woman commenced an action against the first administrator to vacate and discharge of record the deed allegedly conveying title to the first administrator. In her complaint, she alleged that she was the sister and next of kin of the deceased wife and her interest in the property accrued upon the death of her sister. In addition, no will of the deceased wife has been probated in Kings County or elsewhere. She alleged that the first administrator had no power to convey the property of her deceased sister’s assets and the deed should therefore be nullified and discharged of record.

Published on: July 29, 2012

Court Says Testator has Right to Choose Who Settles Their Estate

by Stephen Bilkis

In a probate proceeding, a New York Probate Lawyer said that the petitioner, Joanne Zaccaria, appeals from so much of a decree of the Surrogate’s Court, Kings County, denied that branch of her cross motion which was for the issuance of preliminary letters testamentary to her for the estate of Paula M. Venezia, and granted those branches of the motion of the objectant, Edward Hayes Pennington III, which were to deny the issuance of preliminary letters testamentary to the petitioner for that estate, to disqualify the petitioner from service as executrix, and to issue letters of administration to Edward Hayes Pennington III.

The issue in this case is whether the Surrogate Court in this probate proceeding erred in denying petitioner’s cross motion for the issuance of preliminary letters testamentary on the estate of the testator, and granted that branch of the motion of the objectant, Edward Hayes Pennington III, to issue letters of administration to him.

The Court reversed the decision insofar as appealed from, on the law and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Surrogate’s Court, Kings County, for an evidentiary hearing in accordance herewith, and thereafter, a new determination on that branch of the cross motion which was for the issuance of preliminary letters testamentary to the appellant, and those branches of the motion which were to deny the issuance of preliminary letters testamentary to the appellant, to disqualify the appellant from service as executrix, and to issue letters of administration to Edward Hayes Pennington III.