Articles Posted in New York City

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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.

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This case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The respondent and appellant in the case is Richard P. Booth. The appellant and respondent in the case is the Ameriquest Mortgage Company.

Case Background

A New York Probate Lawyer said Donald Booth and his wife Diane Booth had a leasehold estate of land located in Babylon. The lease was dated the first of January, 1977 and was renewed in August of 1990. When Diane passed away in 1998, Donald assigned the leasehold estate to himself and his son, Donald Jr. This lease assignment was made on the 9th of November, 1998. Donald passed away on the sixth of October in the year 2000. After his father passed away, Donald Jr. assigned the lease to himself and his wife Michelle as joint tenants.

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This is a matter dealing with the probate of a last will and testament. This case is being held in the Second Department, Appellate Division of the Supreme Court of the State of New York.

Appeal

The appellants are appealing and order that was made in the Surrogate’s Court of Queens County. The order is dated the 27th of March, 2007 and grants the motion made by the respondent for leave to file objections to the codicil. The order also denied their cross motion for a decree to admit the will and the codicil to probate and to direct the letters testamentary and letters of trusteeship to be issued to them. The were also denied the approval of a stipulation of a settlement that they made with the American Society for Technion-Israel Institute of Technology, Inc that was approved by the Attorney General of the State of New York.

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This case is being heard in the Surrogates Court of Westchester County. The matter before the court deals with the estate of Leonard M. Greene, deceased. A New York Probate Lawyer said this is an incident that deals with the contested probate proceeding where the guardian ad litem for the infant distributes is seeking authorization to retain a medical expert to be paid from the estate.

Case History

Leonard Greene, the decedent, passed away on the first of December, 2006. He was 88 years old at the time he passed away. Survivors include seven children and two grandchildren. There is an issue of a predeceased child that was a passenger on United Airlines Flight 93 on September 11th, 2001.

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This case deals with the accounting of Ann Feely Schmidt who is the administrator C.T.A. of the estate of Walter Peter Schmidt who is deceased. The case is being heard in the Surrogates Court of Suffolk County. This is an uncontested administratrix’s accounting proceeding. There has been a stipulation submitted to the court for approval and incorporation into the provisions of an intermediate accounting decree.

A New York Probate Lawyer said the jurisdiction over the necessary parties in this case has been obtained and there is no one appearing in opposition to the relief that has been requested by the petitioner in this case.

Case Background

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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

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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.

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This case is being heard in the Supreme Court of the State of New York, Appellate Division, Second Department. The matter before the court deals with Leonard Favaloro, deceased, Joan Favaloro as the appellant and Joyce Donahue, et al. as the respondents.

Case Background

The decedent, Leonard Favaloro died on May 8th, 2006 when he was 79 years old. He is survived by his wife of 34 years, Joan Favaloro and his two adult daughters from a previous marriage. The daughters are the petitioners in this case.

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This is a case being heard in the Surrogates Court of the State of New York in Nassau County. The matter before the court deals with the last will and testament of Robert Cohen, who is deceased. This is a contested probate proceeding. The petitioner, Beatrice Cohen has moved for an order to dismiss the objections to probate that were filed by Meryl Kovit and for a summary judgment in the matter to be granted. She also moves to admit to probate the last will and testament of Robert Cohen. The motion is opposed by Ms. Kovit.

Case Background

The decedent, Robert Cohen passed away on the 26th of December, 2007. He left behind a will that was dated the 28th of October, 2002. Survivors of Mr. Cohen include his wife, who is the petitioner in the case, and a daughter from a previous marriage who is the objectant of the case. The will names the petitioner as the executor of the will and the decedent’s attorney John C. Sullivan as the alternative executor.

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This matter deals with the estate of Michael Pavese who is deceased. A New York Probate Lawyer said the main issue before the court is whether or not the stipulations that were made with his spouse Barbara Pavese during their divorce action are valid and enforceable. Barbara Pavese has petitioned for a determination that the stipulations of the divorce agreement be declared as void and ineffective and that all the funds that are held in specific United States Treasury Accounts be released to her immediately as the joint tenant with the right to survivorship or in the alternative that at least half of the funds be released to her immediately.

Case Facts

Barbara and Michael Pavese were married in April of 1981. In May of 2001, Michael Pavese moved out of the marital home located in Lloyd Harbor, New York, in Suffolk County. Michael moved in with his brother Peter in Massapequa, New York, in Nassau County.

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