Wills

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 15, 2012

Wife Claims Husband Executed Will Under Undue Influence

by Stephen Bilkis

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.

Published on: October 13, 2012

Court Dicusses How a Will must be Executed

by Stephen Bilkis

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.

Published on: October 12, 2012

Court Reviews Stipulations Made in Divorce Decree

by Stephen Bilkis

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.

Published on: October 11, 2012

Court Discusses Cy Pres Doctrine

by Stephen Bilkis

The Facts of the Case:

On 15 June 2004, the decedent died testate at the age of 74 years of old, without a spouse or issue. The decedent’s last will and testament dated 21 November 1996 was admitted to probate, a will contest proceeding, by decree dated 29 September 2005. The will named a certain person as the nominated executor (for purposes of estate administration) who predeceased the decedent. Thus, letters testamentary issued to the nominated substitute executor, on 30 September 2005. The attorney who prepared the will filed a disclosure statement executed by the decedent on 21 November 1996, which complied with the statutory requirements as it then existed; filed with the court his affidavit that was sworn to on 6 October 2004 and his affidavit sworn to on 30 October 2004.

Thereafter, the attorney has filed his account as executor for the period from 15 April 2005 to 31 January 2009. The account shows total charges of $951,949.88, total credits of $534,915.54 and a balance on hand of $417,034.34. The petitioner is seeking a decree judicially settling the account, approving legal fees, accounting fees and commissions, relief under the doctrine of cy pres as to two charities named in the will that are no longer in existence and approval to deposit the remaining assets on hand with the New York State Comptroller on behalf of any unknown distributees of the decedent. The Attorney General of New York appeared and filed objections to certain legal fees requested by the petitioner’s firm and to the amount of the executor’s commissions as calculated. A New York Probate Lawyer said the Attorney General supports the petitioner’s requests that the balance of the residuary estate be deposited with the New York State Comptroller and that the court direct that the bequests to the two charities no longer in existence be distributed to charities with substantially similar purposes.

Published on: October 10, 2012

Court Discusses Domestic Relations Law and Family Court Act

by Stephen Bilkis

The Facts of the Case:

The estate of decedent-one is the legal entity controlling the assets and obligations of decedent-two. No Last Will and Testament of decedent-two has ever been presented for probate nor read by plaintiffs, if one exists.

Meanwhile, decedent-two was married with wife-one and they had two children, child-one and child-two. Their decree of divorce was issued on 6 January 1997. Together they entered into a Stipulation of Settlement dated 19 September 1996 which was incorporated but not merged into the Judgment of Divorce. On or about 11 March 2000, decedent-two married the defendant, wife-two. Thereafter, a New York Probate Lawyer said child-two resided with decedent-one and wife-two in Suffolk County until the decedent’s death on 20 December 2008. Allegedly, sometime in August 2007, child-one was forced out of the residence by wife-two; that at the time of decedent-two’s death, he was suffering from lung cancer, metastatic stage four; and that wife-two administered him a lethal overdose of morphine which hastened his death.

Published on: October 9, 2012

Plaintiff Brings Will Contest Action

by Stephen Bilkis

This case deals with the plaintiffs Henry Rogers Benjamin Jr. individually and as the trustee of the trusts under article 13 of the will of Henry Rogers Benjamin, William E. Benjamin II, and William E. Benjamin III, Anne R. and Henry Rogers Barry, Douglas Benjamin, Gregory Benjamin, Theodore Benjamin, Christopher M. Benjamin, Alexandra Benjamin Vose, Beatrice Benjamin, Cynthia Barry Bidwell, and Anne E. Green. The defendants in this case are Morgan Guaranty Trust Company of New York and Morgan Guarantee Trust Company as the trustee of trusts under paragraphs a and b of article 13 of the will of Henry Rogers Benjamin and the Southampton Hospital Association and Memorial Hospital for Cancer and Allied Diseases.

Case Background

A New York Probate Lawyer said the decedent passed away on the 22nd of February, 1967. He left a will that was admitted for probate on the 13th of March, 1967. In the 13th article of his will the decedent devised and bequeathed half of his residuary estate in trust with the net income payable to his spouse during her lifetime. The trustees were given the discretionary power to invade the marital trust for the benefit of his spouse. He offered guidance to the trustees in the form of directing that his spouse receive a minimum of $1,000,000 per year utilizing the net income augmented by the principal. The spouse was given general power of appointment over the marital trust. If the spouse was to default on her power or exercise the power invalidly, the remaining principal of the marital trust would go to the decedent’s descendants, who are the plaintiffs in this case.

Published on: October 8, 2012

Court Hears Will Contest over Real Property

by Stephen Bilkis

This matter deals with the last will and testament of Irene N. Timblin, deceased. The case is being heard in the Surrogates Court of Suffolk County. The will has been propounded in the Surrogates Court of Suffolk County. The Public Administrator of Cascade County in California has raised objections to the probate upon the ground that the decedent died while living in Cascade County, California and not in Suffolk County.

Case Background

The decedent and her husband lived in Blueblinds at Smithtown in a manor home located on Long Island. The graves are located near Saint James. The husband passed away in November of 1955 and his wife passed away in May of 1956.

Published on: October 8, 2012

Court Hears Four Guardianship Proceedings

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 case involves the respondent, Alice A. Amrhein and the appellant Ernest L. Signorelli. In this case the Commissioner of Social Services of the County of Suffolk is challenging the authority of the Surrogate to order her or the Department of Social Services of Suffolk County to conduct investigations including home studies and criminal checks of petitioners in guardianship proceedings that are brought in front of the Surrogate’s Court.

Case Background

The facts of this case involve 4 different guardianship proceedings. The first matter involves the Robinsons, who are the maternal aunt and uncle of a then fifteen year old girl who sought guardianship after the death of the girl’s parents.