New York City

Published on: December 4, 2012

Case Involving Testamentary Assets Transferred to Surrogate Court

by Stephen Bilkis

This is a case being heard in the Supreme Court, Appellant Division, and Third Department. The case before the court is an appeal from an order made in the Supreme Court at Special Term that granted the defendants motion to remove the action to Queens County Surrogates Court.

Case Background

New York Probate Lawyers said the plaintiff started this action against the defendants to recover the amount of $1000 that was found in the personal effects of the decedent, his uncle. The defendants allege that the money constitutes testamentary assets to be distributed by the Surrogate’s Court. The will of the decedent was offered for probate in the Surrogate’s Court of Queens County and the plaintiff has filed objections to probate.

Published on: December 3, 2012

Court Decides Contested Probate Proceeding

by Stephen Bilkis

Queens Probate 25

This is a case being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The case involves a contested probate proceeding. The proponent is appealing an order that was made in the Surrogate’s Court of Westchester County. The order is dated the 24th of July, 2009 and denied the proponent a motion for summary judgment on the ground that it was premature. The order was made without prejudice with the opportunity to renewed.

Case Discussion and Decision

Published on: December 2, 2012

Petitioner Contends Undue Influence

by Stephen Bilkis

Queens Probate 26

This is a probate proceeding being held in the Second Department, Appellate Division of the Supreme Court of the State of New York. In this case the residuary legatee, who was named in a will dated December of 1955, offered it for probate as the last will and testament of the decedent. The legatee is appealing a decree that was made in the Surrogate’s Court of Queens County. The decree denied probate for the will on the ground of lack of testamentary capacity and undue influence.

Case Discussion

Published on: November 29, 2012

Court Explains Powers of an Executor

by Stephen Bilkis

The case is being heard in the Special Term of the Supreme Court located in Queens County part 1.

Motions

A New York Probate Lawyer said there are several motions made in regard to this matter. The plaintiff is seeking that separate defense be struck out and the counterclaim against the plaintiff be dismissed on the ground that the court does not have jurisdiction over the counterclaim, the defendant does not have the legal capacity to sue, there is another action pending over the same cause, and the counterclaim does not state facts that are sufficient for a cause of action.

Published on: November 27, 2012

Court Questions Validity of Will

by Stephen Bilkis

This case is being heard in the Surrogate’s Court of Kings County. The case before the court is a proceeding to probate a copy of a testamentary instrument as a lost will. The petitioners have moved to withdraw their petition and have letters of administration issued instead.

Case Background

The decedent passed away in October of 2000. The propounded instrument was executed in March of 1995. In the instrument the decedent left her estate to her two sisters or the survivor. Her older sister was named as the executor and her younger sister was named as the successor. Her older sister passed away and as a result the entire estate passed to her younger sister in its entirety.

Published on: November 27, 2012

Court Makes Determination Where Multiple Wills Involved

by Stephen Bilkis

This is a case being heard in the Supreme Court, Special Term, in Queens County Part I. The case before the court is a motion made by the defendant for an order to dismiss the complaint and each of the causes of action against them on the ground that the court does not have jurisdiction over the subject matter and that the complaint does not state facts that are sufficient to support a cause of action.

Case Background

A New York Probate Lawyer the plaintiff’s mother and the defendant are the children and only survivors of the decedent who passed away as a resident of Queens County. The plaintiff is the assignee of her mother who lives in Italy. During her life the decedent owned a piece of real property located in Corona.

Published on: November 24, 2012

Court Looks at Proper Jurisdiction for Estate Administration Issue

by Stephen Bilkis

The case is being heard in the Surrogates Court of New York County. The motion before the court is made on behalf of the widow and minor child of the testator to dismiss the petition for probate in the interest of justice on the ground that a French forum would be convenient and a New York probate would be inconvenient.

In the petition for probate it is stated that the assets of the estate are between $200,000 and $300,000. However, during oral argument for the estate the estate is said to be worth between one and two million dollars.

Case Discussion

Published on: November 24, 2012

Public Administrator Files Petition for the Temporary Letters of Administration

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 petitioner and appellant in the case is appealing an order made by the Surrogates Court of Queens County. This order was dated the 17th of April, 2008 and granted a petition and ordered temporary letters of administration for the estate of the decedent to the Public Administrator of Queens County.

Case Background

Published on: November 23, 2012

Petitioner Claims Will Signed Under Undue Influence

by Stephen Bilkis

This is a matter dealing with the probate of an estate. The case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York.

The petitioner is appealing an order that was made in the Surrogates Court of Queens County. The order was issued on the 29th of April, 1986 and denied probate of the purported will on the ground of undue influence and fraud.

Case Background

Published on: November 21, 2012

Defendant Contends Court Lacks Personal Jurisdiction

by Stephen Bilkis

This case is being heard in the Supreme Court of Nassau County. The action before the court is a case of accounting in regard to an estate. The decedent passed away on the 20th of September, 2000. A New York Probate Lawyer said at the time of her death she was a partner defendant in two cases involving property located in Queens. The plaintiff is also a partner in these cases.

Case Background

The will left by the decedent provides that the plaintiff and another individual would each receive a third of a share of her residuary estate. The remaining third of the estate was to be placed in a trust for the benefit of another.