Long Island

Published on: March 2, 2014

Petitioners File Will Contest Based on Fraud

by Stephen Bilkis

A New York Probate Lawyer said that, this is a proceeding to vacate a decree of probate and to allow the petitioners to withdraw the waivers of process, consents to probate they executed on May 17, 1999. The petitioners are the decedent’s four adult children, the executor of the estate, opposes the requested relief. The husband is the decedent’s surviving spouse; he and the decedent were married in November 1991. He is not the father of the petitioners.

A New York Will Lawyer said that, on February 20, 2008, the court issued a decision and order wherein the court granted the petitioners’ counsel’s unopposed motion to withdraw as the petitioners’ counsel and stayed the proceedings for 30 days after a copy of the order was served by overnight delivery on the petitioners. A copy of the order was served as directed, and the period of the stay has expired. The petition to vacate the decree granting probate and for other relief has now been submitted for decision.

The decedent died on December 5, 1998 at the age of 57. Her last will and testament dated March 11, 1995 was admitted to probate by decree dated July 29, 1999, and letters testamentary were issued to the husband. The affidavit of subscribing witnesses annexed to the will states that the will was executed under the supervision of an attorney. The decedent left her entire estate to the husband. In the event that he had predeceased the decedent, the decedent bequeathed the estate to the petitioners, per stirpes.

Published on: February 23, 2014

Petitioner Alleges Undue Influence Regarding Will Execution

by Stephen Bilkis

Decedent died in September 2005 at the age of 93, survived by two nephews, and the issue of a predeceased nephew. The 2005 Will was admitted to probate by decree and letters testamentary thereupon issued to co-executors.

A New York Probate Lawyer said that in August 2006, a legatee of a small bequest discovered that decedent’s testamentary plan had been revised significantly from her penultimate will2 and, further, that decedent’s long-time attorney, had not supervised the 2005 Will’s execution. As decedent’s friend and investment advisor, the legatee had almost daily conversations with decedent and her home attendants in the months preceding execution of the 2005 Will.

A New York Will Lawyer said as he worked on an active trading floor, these telephone calls were recorded. The legatee recalled having had several conversations between March 2005 and May 2005, in the months after decedent had suffered a stroke and preceding execution of the 2005 Will, in which it seemed co-executors were assuming increased control over decedent’s finances and were pressuring decedent to change her will. Legatee requisitioned the tapes of those calls and brought the transcripts to the attention of the other co-executors. The transcripts, including conversations directly with decedent, depict behavior by co-executors that supports an allegation of undue influence.

Published on: February 13, 2014

The issue in this case is whether the restrictive provision that was placed in the probate decree should be removed.

by Stephen Bilkis

A New York Probate Lawyer said that, the decree admitting this testator’s will to probate restrained the executor from paying or satisfying any legacy or distributive share until further order of the Surrogate. The executor now moves to have such restriction removed. The facts essential to a decision are not in dispute. At the time of his death on January 2, 1964 the testator was an American citizen domiciled in Switzerland. His will, which was executed in New York on November 6, 1961, attempted to exercise a power of appointment granted to this testator by the will of his mother and bequeathed his entire residuary estate to his second wife. Article TENTH of the will reads as follows: ‘I direct that this will be submitted for probate in New York County, State of New York, United States of America, and that the provisions of this will shall be governed by the laws of the State of New York in accordance with section 47 of the New York Decedent Estate Law.’

A New York Will Lawyer said that, the testator’s first wife, as the general guardian of two infant children, interposed objections in the probate proceeding. One objection concerned the effectiveness of the quoted text of the will since it was the contention of the general guardian that the testator’s property must be disposed of in conformity with Swiss law under which the infant children would be entitled to shares of the estate as forced heirs of the testator. This objection was not ruled upon in the probate proceeding but, because of the objection, the restrictive provision was placed in the probate decree.

The issue in this case is whether the restrictive provision that was placed in the probate decree should be removed.

Published on: February 12, 2014

Court Decides Issue of Jurisdiction Between U.S. and British Honduras

by Stephen Bilkis

A New York Probate Lawyer said that, the Government of British Honduras, appearing specially, petitioned this court for permission to appear specially in the contested probate proceeding for the purpose of taking appropriate steps to assert its rights in that proceeding. It alleges that the decedent was domiciled in British Honduras at the time of death, and that the Government has been cited as a party to the probate proceeding in British Honduras ‘as an interested party on the ground that if the decedent were found to have died intestate, then his estate would belong to the Crown as bona vacantia (abandoned property)’. The Government of British Honduras asserts that it has the right to intervene in the probate proceeding in New York because, under the law of the decedent’s domicile, all of the decedent’s property would, in the event of intestacy, vest in the Crown as statutory distributee and heir.

A New York Will Lawyer said that, the petitioner has in effect been granted the right to appear specially and to move to assert its rights, because, the other parties to the proceedings having challenged the facts upon which the petition rested, the court placed the matter on its calendar for hearing. The Government of British Honduras appeared and was given full opportunity to present its claim of interest in this estate.

Long Island Probate Lawyers said the issue in this case is whether the Government of British Honduras has the right to intervene in the probate proceeding in New York because, under the law of the decedent’s domicile, all of the decedent’s property would, in the event of intestacy, vest in the Crown as statutory distributee and heir.

Published on: July 19, 2012

Court Determines Guardian ad Litem Fee

by Stephen Bilkis

This is a hearing in the matter of the last will and testament of the deceased Joseph R. Drab. The probate case is being heard in the Surrogates Court of the state of New York in Nassau County.

Probate Proceeding

The decedent of the case was survived by his spouse, his son Richard, who is the petitioner in the case, four grandchildren, and a predeceased child. The spouse of the decedent is disabled and is therefore represented by a guardian ad litem that has been appointed by the court.

Published on: July 15, 2011

Tax Gift Rules Can Help Estate Planning

by Stephen Bilkis

There is no inheritance tax for 2010, but that will not benefit most of us who plan to live to 2011 and beyond. The inheritance tax may or may not return in some form in 2011 – Congress hasn’t decided yet – but luckily, the gift rules remain pretty much the same, a New York Estate Lawyer reports.

Gifts of up to $13,000 a year per person to any number of people can be passed on without any taxes whatsoever. Married couples who file jointly can double the amount to $26,000. A Gift Tax Return has to be filed for any gifts over that amount.

That doesn’t mean a gift tax is involved. One can grant a million dollars in gifts, above and beyond the yearly $13,000 before the gift tax. Most people will never have to worry about that. There are a number of other exclusions and provisions regarding gifts and estates, which means reading up on IRS regulations is very important to make the most of your money, a New York Estate Lawyer notes. Lawyers in Brooklyn and Long Island are well versed in these new rules.

Published on: April 8, 2011

Joseph Alexander died November 23, 1975, leaving his adopted son, Ronald Alexander

by Stephen Bilkis

Joseph Alexander died November 23, 1975, leaving his adopted son, Ronald Alexander. After the probate of his will, his son filed a petition contesting the amount given to charities as in excess percentage amount allowed by law. Executors were placed to check if the claim was valid, and the courts were asked to determine the effect of the ‘no contest’ clause of the will.

In his will, he gave all his properties, a flat in Switzerland and $25,000 per year to his son. In the event that his son dies before the end of the trust then the remaining amount will be put back to his estate.

Joseph Alexander also included in the will that in his lifetime, he had provided his son loans. He had paid indebtedness acquired by his son from other people. He expressly states in his last will and testament, from what a New York Will Contest Lawyer gathered, that if his son directly or indirectly oppose the probate of his will, Ronald Alexander will not getting any part of his estate and will only get $1 per annum.