New York City

Published on: June 23, 2012

Decedent’s Son Sues for Specific Performance

by Stephen Bilkis

A man and his male domestic life partner were co-owners of a cooperative apartment in Brooklyn, New York. They also co-owned a house in Southold, New York.

In his last will and testament, the man named his domestic life partner as his executor. He also left to him his share in the proprietary lease of the Brooklyn apartment and shares of stock. The man also gave cash gifts to his nephews amounting to $10,000 each.

The domestic life partner presented his the will for probate. The sons of the testator appeared during the probate proceedings but signed waivers signifying that they were waiving all objections they may have in the will. The will was admitted into probate in 2001 and letters testamentary were given to the testator’s domestic life partner.

Published on: June 21, 2012

Court Decides Non-Marital Child’s Status

by Stephen Bilkis

In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed all other proceedings.

A New York Probate Lawyer said that rather than question any of the underlying facts, such as proof of paternity, the parties have consented to have the motion submitted assuming the truth of the non-marital children’s allegations for a determination of whether as a matter of law those allegations state a cause of action entitling the claimants to after-born status.

The father of the children died and was survived by eleven children; three from a first marriage, four from a second marriage and the four alleged non-marital children. The will offered for probate benefits only one child from the first marriage, the petitioner and named executor, who inherits the entire estate valued at several million dollars.

Published on: June 20, 2012

Probate Court Discusses Cy Pres Doctrine

by Stephen Bilkis

The Facts:

On 1 November 1995, a doctor (“the doctor”) died. On 8 July 1996, his will was admitted to probate (for estate administration or estate litigation). Under the will, the doctor bequeathed $3,500,000 to a hospital (“the Hospital”), to be held as the Endowment Fund in perpetuity, with the income only to be used for general purposes. This was in addition to the $1,000,000 that he and his wife gave the hospital for the same purpose in December of 1988. In addition, the doctor bequeathed 5% of his residuary estate (up to a maximum of $10 million) and one quarter of the balance of the residuary estate to the hospital. His will directed that these amounts be added to the Endowment Fund and administered under the conditions established under the will. The hospital received approximately $37,000,000 from the estate of the doctor dedicated to the Endowment Fund.

On 8 April 1998, the doctor’s wife (“the wife”) died. On 30 December 1998, her will was admitted to probate. Under the will, she bequeathed $4,000,000 to the same aforesaid hospital as the Endowment Fund, to be held either in perpetuity with the income to be used for general purposes, or in part or in whole for the construction or acquisition of a building to be called in their names. In addition, she left 20% of her residuary estate to the hospital, to be added to the Endowment Fund and administered under the conditions established under the will. A New York Probate Lawyer said the hospital received approximately $98,000,000 from the estate of the wife dedicated to the Endowment Fund.

Published on: June 19, 2012

Family Member Seeks to Invalidate Trust

by Stephen Bilkis

In situations of estate probate, there are often times when a person is appointed by the court to review the circumstances surrounding a will and to determine if the law has been followed in the distribution of the assets set forth in the document. This person is called the guardian ad litem. The guardian ad litem is an experienced attorney who’s responsibility is to prepare a detailed report where he lists his findings and based upon his findings, recommends the necessary action that should be taken to protect the interests of the person who has filed the complaint.

In the situation at hand, the decedent passed on May 9, 2007. There were four distributes named in the estate documentation. Two daughters were named, one son, and one granddaughter who is the child of a son who had passed prior to the death of the decedent. New York Probate Lawyer said one of the daughters filed a complaint with the probate court that the will naming only one of the son’s as the sole inheritor for the living trust of the decedent should be ruled invalid.

The reasons that were set forth to invalidate the living trust was that one of the daughters states that prior to the decedent’s death, the lone surviving son placed undue influence on the decedent up to and including fraud against the decedent while he was physically ill and depressed. The guardian ad litem in this case determined that the daughter might possibly have a case and determined that it was only proper for him to continue to represent the daughter in the future hearings in reference to the closing of the decedents affairs.

Published on: June 18, 2012

Court Discusses Non-marital Child Entitlement in Will Contest

by Stephen Bilkis

In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed all other proceedings.

Rather than question any of the underlying facts, such as proof of paternity, the parties have consented to have the motion submitted assuming the truth of the non-marital children’s allegations for a determination of whether as a matter of law those allegations state a cause of action entitling the claimants to after-born status.

A New York Probate Lawyer said the father of the children died and was survived by eleven children; three from a first marriage, four from a second marriage and the four alleged non-marital children. The will offered for probate benefits only one child from the first marriage, the petitioner and named executor, who inherits the entire estate valued at several million dollars.

Published on: June 16, 2012

Beneficiaries Bring Will Contest Action

by Stephen Bilkis

On this proceeding, the beneficiaries of a woman asked for an order to suspend the verdict of the court with regards the admission to probate to the woman’s will. A New York Probate Lawyer said they also asked to vacate the letters testamentary issued to the woman’s caregiver. They also requested to grant them the opportunity to examine the attesting witnesses to the will, directing that objections be filed within a reasonable amount of time after the completion of the examination of witnesses and staying the administrator of the will from disbursing the estate proceeds. The abovementioned motion’s is opposed by the woman’s caregiver.

The aforesaid woman died seven months after the execution of her will. Her husband predeceased her and she never had any children, biological or adopted. Apparently, the woman was survived by her six beneficiaries who reside in Australia. The woman’s caregiver originally filed a petition for the validation of the woman’s will and asserts that the woman had no successors. On the probate petition of the caregiver, she states that she was the woman’s live-in companion, the beneficiary of woman’s entire estate, as well as the designated administrator. Further, the only other individual named by the caregiver as a person interested with the woman’s assets is her sister, a resident of Ukraine. The caregiver’s sister was listed as the successor beneficiary of the woman’s entire assets and the nominated successor as the administrator. Additionally, the petition reveals the woman’s address as the caregiver’s address.

On the basis of the information provided by the caregiver, an initial letter was issued however the court directed the caregiver to submit a family tree. The caregiver consequently submitted an affidavit stating that she wasn’t aware of any person capable of giving a family tree. The caregiver further advised the court that the woman spoke occasionally with someone and was also visited by another man but she didn’t know whether the two persons were related to the woman. Consequently, the counsel for various members of the woman’s family advised the court by letter that the woman had performed a will in which members of the woman’s family and the family of her late husband was named as the beneficiaries and co-administrators. A copy of the will was provided to the court, but counsel advised the court that the original signed document had not been located. The counsel then stated that the family members intended to prove that the given will was obtained by the caregiver by means of fraud and undue influence. Moreover, they alleged that the woman was not of sound mind or memory, not capable of making a will and that the will was not properly completed. Afterwards, the copy of the letter was sent to the caregiver’s counsel. Brooklyn Probate Lawyers said the letter also accused the caregiver of committing perjury when she made sworn statements in her petition that the woman left no heirs. As a result, the counsel of the woman’s family demanded that the petition for probate be modified to reflect the woman’s beneficiaries.

Published on: June 13, 2012

Court Decides Status of Real Estate in Decedent’s Estate

by Stephen Bilkis

The Facts:

On 31 May 1988, a man (the testator) executed a last will and testament in which he devised and bequeathed a life estate interest in premises located at Hopkins Avenue, County of Kings, State of New York, (Hopkins Avenue property) to defendant, including the right for her to collect all rents as they become due for her own use and benefit.

On 25 November 1988, the testator died. On 17 March 1989, letters of administration of the estate of the testator were issued to the testator’s relative. Thereafter, as administratrix, she entered into a contract to sell the subject premises to a Brokerage Corp.

Published on: June 12, 2012

Court Rules on Status of Joint Will

by Stephen Bilkis

The Facts:

On 17 October 1967, a husband and a wife (“wife-one”) executed a joint will.

On 27 September 1971, the wife died and the joint will, insofar as her estate was concerned, was admitted to probate in Kings County (for estate administration; estate litigation). At the time of her death, the husband and the wife owned as tenants by the entirety, two parcels of real estate and had a bank account in their joint names in a Brooklyn bank.

Published on: June 1, 2012

Court Discusses Issuing Preliminary Letters Testementary

by Stephen Bilkis

The Facts:

On 14 December 2005, a decedent died leaving a will dated 13 September 2005 (the “2005 Will”) and a prior will dated 24 January 2003 (the “2003 Will”). The 2003 Will nominates the decedent’s daughter-one as executor and the decedent’s daughter-two as successor executor. The 2005 Will also nominates daughter-one as executor. The decedent was also survived by her other daughter, daughter-three.

Under the 2003 Will, all shares that the decedent had in any companies or corporations is bequeathed to the decedent’s two grandchildren equally and the decedent’s bank accounts to her daughters, daughter-one and daughter-three, equally. The 2003 Will further provides for bequests of tangible personal property. The 2003 Will gives the decedent’s cooperative apartment in equal shares to the two grandchildren. The remainder of the estate is bequeathed in one-third (1/3) shares to each of the decedent’s three daughters.

Published on: May 26, 2012

Court Authenticates Last Will and Testament

by Stephen Bilkis

This case is being heard in the Surrogates Court of Suffolk County. The matter at hand involves the issue of proving the last will and testament of the deceased, Sigrid C. Lockwood as a will of real property and personal property. The case also deals with a petition regarding the ancillary letters testamentary for the same estate.

The question is this case is in regard to the wills left by the decedent, Sigrid C. Lockwood. At the time of her death she was living in Norway. This is where she was cremated. She was a United States citizen at the time. She executed a will in December of 1951 which has been offered for probate to this court. She also executed another will in Norway in April of 1953. This will has been probated in Norway. The executor named in the will is requesting letters ancillary from the court.

Case Background