Suffolk County

Published on: November 18, 2016

Counterclaim Filed for Surrender of Bank Passbook

by Stephen Bilkis

Motion is made to strike out a counterclaim interposed in this action wherein plaintiff seeks to compel defendants to deliver to her a bank passbook of an account in the Interest Department of the ABC Trust Company of Albany issued to and opened in the name of ‘Ms. B, in Trust for Ms. OD.’

Ms. OD is the plaintiff and Ms. B is now deceased. The defendant Mrs. V is the named executrix in the last will and testament of Ms. B, which has been offered for, but as yet has not been admitted to, probate. The co-defendant Mrs. M, an attorney, drew such will, was a subscribing witness thereto, and is acting as the attorney for Mrs. V in offering it for probate. It is alleged that such defendants have possession of the passbook, without which plaintiff cannot withdraw the fund, and that they have refused to deliver it to her upon demand.

The defendants’ answer admits all of the allegations of the complaint except that plaintiff ‘is entitled to possession of the said bank book’ and it also contains certain matter asserted as ‘a separate defense and by way of counterclaim.’ In that contention defendants allege the opening of the account by Ms. B in form in trust for plaintiff, as well as the making of the will hereinabove referred to. They further allege that objections to the probate of the will have been made by certain persons, to wit, KK, QQ and ET, who would be the intestate distributees of Ms. B, of whom plaintiff is not one; that such objections, among other things, challenge her testamentary capacity; that the funds going into the bank deposit set up for plaintiff derived from a sale of real property of the deceased, and that no part thereof ‘was produced or provided by the said Ms. OD;’ that the bank account was set up approximately two months prior to the execution of the will; that if such objections to it are sustained the validity of the disposition of the aforesaid bank account likewise will be attacked; that the defendants have been presented with adverse claims to the funds represented by such bank account by both plaintiff and such distributees of Ms. B, and that they ‘cannot determine, without hazard to themselves, the right of the said persons to the said property and are exposed to double liability as the result of such adverse claims.’ Defendants assert their willingness to deliver the passbook and the fund it represents to whomsoever shall be adjudged entitled to it. They allege that they have impleaded the distributees who make the adverse claims as aforesaid by service upon them of a summons and interpleading complaint, together with a copy of the original summons and complaint served upon them in this action.’

Published on: March 29, 2014

Petitioner Brings Case to Probate Lost Will

by Stephen Bilkis

A New York Probate Lawyer said that a probate proceeding was brought by the Petitioner for the probate of a lost will purportedly executed by her decedent brother.

A New York Will Lawyer said that the decedent died in September 2005. A will executed on in 2003, which provided for his wife, and his three children was admitted to probate by this court in 2005. The petitioner in this proceeding seeks to admit a later instrument to probate as a lost will and revoke the earlier will’s probate decree. The allegations contained in the petition may be summarized as follows. Before he died, in 2005, decedent sought the services of his long-time attorney to change the 2003 Will in light of changing circumstances with his wife, specifically her commencement of divorce proceedings against the decedent. As a result of his discussions with the lawyer, the decedent had a new will prepared, the final version of which was completed and then executed by decedent in August 2005.

The terms of the 2005 will differ significantly from the terms of the 2003 Will. The 2005 Will reduced the wife’s share to her elective share, it left nothing to the decedent’s two children and the terms of an option to purchase the decedent’s businesses granted to decedent’s son which existed under the 2003 Will as well, were much less favorable to him under the 2005 Will. Also, the 2003 Will provides for a single executor, while the 2005 Will provides for three executors, and petitioner. The petitioner in this lost will proceeding is the decedent’s sister. Relevant to this motion is the nature of the relationship the decedent had with an individual.

Published on: February 28, 2014

Court Determines Possible Violation of No Contest Clause in Will

by Stephen Bilkis

In this Probate action, a daughter of the decedent filed a motion to stay the entry of a decree admitting the propounded instrument to probate; for an extension of time to file objections; for leave to examine the proponent and for a construction of the effect of a no-contest clause contained in the instrument offered for probate.

A New York Probate Lawyer said that the instrument offered for probate contains a clause revoking any bequest to any beneficiary who opposed probate of the will, participated in actions to set aside or invalidate any of its provisions or who aided another in doing so. The movant requests that prior to a determination of her application to examine the proponent, the court construe the clause and determine whether the examination would be in violation of the no-contest clause. The court may not construe an instrument prior to its admission to probate as a valid will. While there may be a construction of a will in a probate proceeding, this must come only after probate has been decreed for the reason that until the instrument has been probated, there is nothing before the court to be construed. Although the court cannot reach a construction of the specific clause of the proposed instrument it may determine whether the examination of the proponent amounts to conduct permissible under the public policy declaration in EPTL 3–3.5 as conduct not in violation of any no-contest clause.

A New York Will Lawyer said aso called In terrorem or no-contest clause is operative according to its terms subject to the provisions which spell out with particularity the conduct by the beneficiary or other person which does not, as a matter of substantive law, constitute a breach of a no-contest condition in a will occasioning a forfeiture of a benefit under the will.

Published on: February 27, 2014

Petitioner Files Motion to Dismiss for Lack of Jurisdiction

by Stephen Bilkis

This is a motion to dismiss a petition for original probate for lack of jurisdiction, both as a matter of law in the exercise of the court’s discretion.

A New York Probate Lawyer said that decedent died in New Hampshire. Decedent was a non-resident of New York. The proponent-executrix, decedent’s widow, contends that decedent was and that she is a domiciliary of Vermont and that decedent was a citizen of the United States. The moving party, decedent’s daughter, contends that decedent was a domiciliary of Zurich, Switzerland and that he had dual nationality being a citizen both of the United States and of Switzerland. The moving party is herself a domiciliary of Spain.

A New York Will Lawyer is claimed that 90% of the assets of the estate are in a custody account in New York. There are some assets both in Switzerland and in Vermont including a house in Vermont and an apartment in Zurich. The propounded will was executed in New York and contains a clause directing that the construction of the will and the administration of the estate shall be governed by the laws of the State of New York. Two of the three subscribing witnesses to the will were stated in the will to be residents of New York and the third a resident of New Jersey. The substituted executors named in the will are apparently residents of New York. So far as appears, no probate proceeding or other proceeding for the administration of decedent’s estate is pending in Switzerland or Vermont or anywhere but in New York.

Published on: February 26, 2014

The issue in this case is whether the United States estate tax should be allocated against legacies bequeathed in the Mexican will of the decedent.

by Stephen Bilkis

A New York Probate Lawyer said that, the decedent was a citizen of the United States, domiciled in Mexico City, who possessed substantial assets in New York and in Mexico. On May 14, 1965 she executed a will in New York which disposed of all of her property ‘wheresoever’s situate’, directed that, regardless of her domicile at death, her will be offered for probate in New York County, that the administration of her estate be conducted subject to the jurisdiction of this court, and that her will and all dispositions therein be construed and regulated by the laws of the State of New York. The residuary estate administration was bequeathed in equal shares to two friends, one of whom resided in Brooklyn and the other in El Paso, Texas. The latter is the objectant here.

A New York Will Lawyer said that, on January 20, 1966–approximately eight months after the execution of her will in New York–the decedent executed a notarial will in Mexico City. An English translation of the Spanish text is incorporated in the probate decree of this court. The will contains several general legacies expressed in Mexican currency and ‘for the remainder of her estate (the testatrix) institutes as her sole heirs in equal one-third shares’ three individuals, all residents of Mexico City. This instrument made no mention of the New York will and no reference at all to estate taxes. It declares that ‘the testamentary provisions contained in this instrument shall apply only to the property or money which the testatrix has in the Mexican Republic’, and it appoints Mexican executors. A second notarial will was executed in Mexico on April 25, 1966. It is actually a codicil to the January will, revoking one general legacy and also the institution of one of the three as an heir, leaving the other two persons ‘as the sole heiresses in equal parts.’ This instrument also is silent with respect to estate taxes and their impact.

A Westchester County Probate Lawyer said that, the decedent died in Mexico on April 22, 1967. Her New York will and the two notarial instruments were offered for probate in this court. Preliminary letters testamentary were issued to the executor named in the New York will on June 2, 1967. By decree dated June 5, 1968 this court found that the will dated May 14, 1965 had been duly executed, that the instruments in the Spanish language dated January 20, 1966 and April 25, 1966 had been duly established as testamentary instruments in accordance with the laws of Mexico, and that the English translations offered for probate were true translations of the Spanish original. A New York Probate Lawyer said that, it decreed that the three paper writings be admitted to probate ‘as together constituting the last will and testament of the said Bessie Owen, deceased. Letters testamentary were directed to issue to Bankers Trust Company, the executor named in the New York will, ‘provided that such letters testamentary, and the authority, responsibility and accountability of Bankers Trust Company thereunder, shall not extend to property, money or matters administered in Mexico but shall otherwise be unlimited.’ Such letters were issued on June 7, 1968.

Published on: February 10, 2014

Petitioner Seeks Summary Judgment on Turnover Petition

by Stephen Bilkis

A New York Probate Lawyer said that, the administrator of the estate of the decedent, and petitioner in a turnover proceeding against respondent Companies, and law firm counsel to the Public Administrator of the County of New York, now seeks summary judgment and treble damages. Respondent cross-moves for summary judgment, seeking dismissal of the turnover petition and revocation of petitioner’s letters of estate administration.

A New York Will Lawyer said that, the decedent, a domiciliary of Brazil, died February 11, 2000, survived by no known distributee. On June 27, 2002, the administrator of the estate proffered decedent’s one-page handwritten will dated July 25, 1998. The will bequeaths decedent’s “holdings at the Citibank in New York” to him. During the pendency of the administrator’s probate proceeding, respondent company obtained probate in Brazil of a later will, dated March 12, 1999. On March 11, 2003, the Brazilian State of Bahia, Judiciary Power, 1st Family, Successions & Orphans Court appointed respondent the executor of decedent’s March 12, 1999 will. Article FIRST (of a certified translation of a court certified copy) of that later will provides: “That this was the only and exclusive testament, and any previous act was hereby revoked.”

Westchester County Probate Lawyers said that, thereafter, CIS, presented with certified translations of: (1) decedent’s death certificate; (2) the March 11, 2003 certificate issued by the Brazilian State of Bahia, Judiciary Power, 1st Family, Successions & Orphans Court to respondent, as executor of decedent’s March 12, 1999 will; and (3) the March 12, 1999 will itself, transferred decedent’s investment account, which the administrator estimates at $70,000 to the respondent, as executor of decedent’s will.

Published on: July 19, 2012

Court Determines Guardian ad Litem Fee

by Stephen Bilkis

This is a hearing in the matter of the last will and testament of the deceased Joseph R. Drab. The probate case is being heard in the Surrogates Court of the state of New York in Nassau County.

Probate Proceeding

The decedent of the case was survived by his spouse, his son Richard, who is the petitioner in the case, four grandchildren, and a predeceased child. The spouse of the decedent is disabled and is therefore represented by a guardian ad litem that has been appointed by the court.

Published on: October 13, 2011

Warren to be the primary beneficiary of Rosen’s estate

by Stephen Bilkis

On March 12, 1992, Louis Rosen died in a mental facility in California, allegedly leaving behind his entire estate to Warren Silverman as his primary beneficiary. According to reports that reached New York Contest Will lawyer, the last will that was left by Rosen was written during the time when he was already determined to be mentally ill. This means that the Will naming Warren to be the primary beneficiary of Rosen’s estate is invalid according to existing laws. Also, according to the evidences presented at court by the other surviving relatives of Rosen, Warren and Warren’s mother Miriam exerted excessive influence to the deceased making them the only people who had access to Rosen’s financial resources four years before he died.

Four years before Rosen died, Miriam already moved into Rosen’s apartment and took care of everything for him, including his financial affairs. This was confirmed by Rosen’s accountant because he claimed he personally saw Miriam “bossing” Rosen around. He also claimed that Miriam had access and even had control over Rosen’s bank account including his personal checks. This is one of the reasons why Rosen’s other relatives have filed a case against Warren saying that the only reason why Rosen had named him primary executor and beneficiary of all his estate was because of the influence of his mother Miriam over Rosen at the time Rosen was already mentally unstable.

The court also believed, upon seeing the evidences presented that Rosen was indeed under no mental condition to knowingly decide for himself anymore. Reports that reached a New York Estate Attorney that there are several accounts when Rosen was found lost and only in his underwear by the local police. The last time they were able to find him was in 1990 where he was taken to a nearby hospital for treatments. Friends and relatives also noticed the changes in Rosen’s behaviour, saying he was already incapable to keeping his personal hygiene. It was actually during this time when Miriam moved in and took care of everything for Rosen. It was also during this time, according to New York Estate lawyer when Rosen made deposits, supposedly gifts to Miriam’s children amounting to almost $10,000 each. After that, he allegedly made a transfer of a staggering $1.5 million to Warren and Miriam. These supposedly cash gifts and other properties left by Rosen to Warren are what the other relatives of Rosen are now objecting to.

Published on: September 21, 2011

Liberals and conservatives can agree? New York Estate Planning Lawyers give their take.

by Stephen Bilkis

The late Anna Nicole Smith brought democrats and republicans together in her historical and controversial lawsuit, claims a New York City Probate Lawyer.

Smith had been married to billionaire J. Howard Marshall II for less than a year when he died. She claimed that he had promised her millions of dollars even though reports show he had cut the star out of his Will.

Smith reportedly tried to use her bankruptcy claim to over ride her late husband’s will and went on to claim that his son had manipulated the situation so he and the rest of the family would receive more money.