Wills

Published on: October 6, 2012

Petitioner Claims Will was Not Properly Executed

by Stephen Bilkis

This is a case being heard in the Surrogate’s Court of the State of New York located in Nassau County. The case deals with the last will and testament of Zelda Astor. The will is being contested by objectant Regina Astor Zyats who moves for an order of summary judgment and denying the admission of the purported will that is dated the 17th of June, 2005 to probate on the ground that there is lack of due execution of the will. Ms. Zyats also seeks to have the letters testamentary that were issued to Paula Sue Astor – Ferraro revoked. The petitioner, Ms. Ferraro, opposes the motion.

Case Background

The decedent, Zelda Astor, passed away in July of 2005. She left a will that is dated the 17th of June, 2005. The decedent is survived by four children, Jeffrey Howard Astor, Stephen Brent Astor, Regina Astor Zyats, and Paula Sue Astor – Ferraro. In the purported will the decedent makes bequests of case in the amount of $5000 to Regina, $10,000 to Jeffrey, $25,000 to Stephen, $25,000 to her grandson Baron Zyats, $5000 to her granddaughter Rachel Zyats, and $5000 to her former daughter in law, Pamela Astor. A New York Probate Lawyer said the will nominates Paula as the executor of the will. Additionally, in the eighth article of the will the decedent bequeaths her entire residuary estate to Paula.

Published on: October 3, 2012

Plaintiff Seeks to Set Aside Property Transfer

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 appellant in the case is John Oggioni. The respondents in the case are Ellen Oggioni, et al. The plaintiff is appealing an order to set aside a deed on the ground of fraud. The original order was made by the Suffolk County Supreme Court and was dated the 9th of January, 2006. The order granted a cross motion made by the defendant that dismissed the complaint as time barred and denied the plaintiff’s motion for a joining trial of this action with another proceeding of an entitled probate proceeding of the will of Frank Oggioni pending the decision made in the Surrogate Court of Suffolk County.

Case Background

At some time in 1995, the plaintiff and his father, Frank Oggioni, became estranged. On the 30th of December, 1996, the father executed a will that left his property, both real and personal and mixed to his daughters, the defendants Ellen and Florence Oggioni in equal shares. There was not testamentary disposition made to the plaintiff.

Published on: October 2, 2012

Beneficiaries Bring Will Contest Action

by Stephen Bilkis

This is a probate proceeding involving the estate of Alexander MacLeman, deceased. The case is being heard in the Surrogate’s Court of the City of New York located in Westchester County. The probate of the estate is being contested in this case. Karen MacLeman Morgese, who is one of the three children of the decedent and a nominated co-executor of the will, has offered the will for probate. Karen’s two brothers, John and William MacLeman have each filed objections to the probate.

Case Background

The decedent passed away on the 10th of December, 2003. He was 91 years old at the time and living in an assisted living facility located in Ossining in Westchester County, New York. The decedents will, gave the real property located in Amagansett, Suffolk County to his daughter Karen. The will bequeathed $50,000 to William to equalize loans he had made to his other children. A New York Probate Lawyer said the loans of the other children were forgiven in the will. The personal property and residuary estate were given to all three children in equal parts. A further provision in the will stated that any checking accounts, savings accounts, certificates of deposit, etc. that he held jointly with any of the children at the time he passed would be estate assets and not provided to the surviving joint tenant of the assets.

Published on: October 1, 2012

Court Reviews Alleged Fraudulent Acts by Fiduciaries

by Stephen Bilkis

This is a case being heard in the Surrogate’s Court of Suffolk County. The case involves the will of Madeleine Daltrolff Corya, who is deceased. The case is an accounting proceeding where the co-petitioners, the attorney – draftsman and the Bankers Trust Company have requested that the court fix and determine the fee and disbursements of the attorney’s law firm in the amount of $250,000 and to fix and allow the combined commissions for the total amount of $1,634,230.40. The counsel has requested a hearing be held in respect to this application for fees and disbursements.

Case Background

The decedent passed away in April of 1987 and is survived by a grand nephew. The decedent bequeathed her entire estate, which amounted to approximately $46 million at the time she passed away, to two charitable organizations, the American Cancer Society and Memorial Hospital for Cancer and Allied Diseases of New York. Her attorney, John J. Barrett and the Bankers Trust Company of New York were named as executors of the will.

Published on: September 30, 2012

Petitioner Seeks Repayment of Debt

by Stephen Bilkis

This matter deals with a petition from A.S. The petitioner is attempting to prove that a debt that is due to him by W. S., who is deceased. This matter is being heard before the Surrogates Court located in Queens County.

Case Background

Josephine and William Schweizer executed a joint and mutual will in 1938. In the will William left his entire estate to Josephine upon his passing and in her will Josephine left her entire estate to William upon her passing. Upon the death of the final survivor of the estate the remainder of the estate, excluding specific bequests, was to be left to their two grandchildren, divided equally among them upon them reaching the age of 25.

Published on: September 29, 2012

Court Interpretes Last Will and Testament

by Stephen Bilkis

This is an application made by Julia E. Paige to obtain a construction of the last will and testament of Fred Edey, who is deceased, as a way to determine the proper rates of commissions that are to be paid to the testamentary trustee under the will. This matter is being heard in the Surrogate’s Court of Suffolk County.

Case History

The Surrogate’s Court of Suffolk County in 1929, appointed Old Colony Trust Company from Boston, Massachusetts as the testamentary trustee of the estate of Fred Edey. Old Colony Trust Company has been acting as trustee since this time. From the years 1929 through 1954 the compensation rates as the trustee were calculated in accordance with the statutory rates of New York. Since 1954, the rates have been calculated using their own schedule of charges, which is some what higher than the New York statutory rates. Massachusetts law does not provide specific statutory rates.

Published on: September 15, 2012

Court Rules on Estate Pursuant to Suffolk County Tax Act

by Stephen Bilkis

This case is being heard in the Special Term of the Supreme Court of Suffolk County. The matter deals with Randolph Cowan versus Rose McVey, et al. This is a proceeding under article 15 of Real Property Law. A judgment has been entered that determined the plaintiff’s absolute ownership in the subject premises. The State of New York has moved for the judgment to be vacated, for the right to intervene, and for other relief as well.

Case Background

A New York Probate Lawyer said the complaint in this action shows that on the 17th of November, 1958, the plaintiff obtained an interest in a premises located in this county. The purchase of the premises was made at a tax sale. ON the 16th of November, 1961, the title was vesting in the State of New York as a result of appropriation. A deed was delivered to the plaintiff by the County Treasurer of Suffolk County on the 28th of November, 1961.

Published on: September 13, 2012

Court Rules on Full Faith and Credit Act of the Constitution

by Stephen Bilkis

This matter deals with Howard E. Bennett, who is also known as Ward Bennett and is deceased. The appellant in the case is David White. Robert Middleton, et al is the respondents in this matter. The case is being heard in the Supreme Court of the State of New York, Appellate Division, and Second Judicial Department.

A New York Family Lawyer said the the petitioner, David White is appealing an order that was made in the Surrogate’s Court of Suffolk County made on the 21st of December, 2009 that granted the motion of Andrew Sabin for leave to intervene in the proceeding and revoked his ancillary letters testamentary and an order from the same court that was made on the 24th of June, 2010 upon renewal and re-argument of the case adhered to the original determination made in the December 21st decision.

Case Background

Published on: September 12, 2012

Public Administrator Seeking Approval for Accounting

by Stephen Bilkis

This matter deals with the account of proceedings of Eric P. Milgrim, the Public Administrator for Nassau County as the administrator of the estate of Nora Mabry who is deceased. The Surrogates Court of the State of New York in the county of Nassau is hearing this case.

Case Background

A New York Probate Lawyer said presented to the court are the first and the final account of the Public Administrator for the estate of Nora Mabry. Nora Mabry died intestate as a resident of Uniondale, on the 26th of December, 1998. The decedent left a will that was dated the 15th of June, 1979. In the will the decedent bequeathed her entire residuary estate to her nephew, Wyman Scott who died after the decedent. The Public Administrator was appointed as the temporary administrator for the estate on the 14th of April, 2005. The will of the decedent was admitted for probate by a decree from this court dated the 11th of May, 2010. Letters of administration were issued to the Public Administrator at this time.

Published on: September 11, 2012

Court Discusses Final Accounting of Estate

by Stephen Bilkis

This matter deals with the accounting done by Daniel D’Amico as the Executor of the estate of Andrew Peter D’Amico, deceased. The case is being heard in the Surrogates Court of the State of New York located in the county of Nassau.

A New York Probate Lawyer said the accounting done by Daniel D’Amico as the executor of the estate of Andrew Peter D’Amico has been submitted to the court for review. The executor is seeking approval of his final accounting regarding the estate. This includes the computation and payment of his commissions as the executor of the estate and the commissions of Andrew D’Amico as trustee. In addition, the executor seeks approval of the allowance of fees and expenses for the attorney and accountant and approval to repay a loan made by Gloria Maria D’Amico.

Case Background