New York Probate and Estate Administration Lawyer Blog
Edward Rogowsky died in March of 2001 leaving behind his partner, Peter McGarry and two children, Joshua D. Rogowsky and Mark L. Rogowsky. Reports reached a New York Probate Lawyer that Rogowsky executed his last will and testament leaving behind a chain of residential premises or apartments at Glen Road Southold, New York. According to further reports, Rogowsky made McGarry the sole beneficiary of the residential premises as well as all his other assets except for $20,000 worth of property to his two nephews.
On the same year, 2001, the Kings County court, seeing everything has been done in a legal and proper order, granted all rights to McGarry according to Rogowsky’s last will and testament. Unfortunately, Rogowsky’s two sons filed a case against McGarry on charges of fraud and other charges that are in connection with their father’s estate.
Apparently, Rogowsky’s sons were already going to contest their father’s will and testament in 2001 but McGarry made a promise that he will share whatever profit he will receive from the apartments in Southold, New York. But according to accounts no such promise was honored by McGarry. He in fact, he sold the apartments and the house in Southold in 2006 and kept all the cash for himself. Rogowsky’s sons also claimed that McGarry already found a new partner in life, forgetting all about their father and the promise he made to them about equally sharing the profits of their father’s estate. It was also discussed during the trial that when Rogowsky was still alive, he repeatedly told his sons, in front of McGarry that he meant to transfer ownership of the apartments and house to his sons. Further, McGarry allegedly promised that he will respect Rogowsky’s intention of giving the properties to his sons. Apparently that was what made McGarry promise the Rogowsky brothers that he will equally share all profits to all three of them. Sadly, no such thing happened and McGarry kept it all to himself according to the charges. Rogowsky’s sons’ actions to file a case against McGarry are based on the McGarry’s promise to fulfil the last wishes of their father before he died even though it was not included in Rogowsky’s will and testament.
On the side of McGarry, a Staten Island Probate Lawyer mentioned that his argument is based on Rogowsky’s last will. Also he claimed that there was no written contract between him and Rogowsky’s sons and that Rogowsky’s will was final and executory, meaning it was done in accordance with the existing laws at the time Rogowsky wrote his will and testament.
Finally, after a long trial about Rogowsky’s estate, the court ruled in favor of McGarry and the case that was filed by Rogowsky’s sons was dismissed. The court maintains that the promise made by McGarry to Rogowsky’s sons was not enough to require McGarry to do something about it.
Suffolk County Probate Lawyers can tell you that properties and assets are very important to a person’s life. They are possessions that you have worked for your entire life with the purpose of profiting from them or living it to your loved ones. It is frustrating if all your life’s savings will be unjustly given to another person or entity that is not of your choosing. Stephen Bilkis and Associates will make sure that your assets and properties are protected.
Stephen Bilkis and Associates have conveniently established branches and offices all over the Metropolitan area of New York. Our legal team are always willing and able to provide you with legal advice so that you understand the situation you’re in and the proper and available actions that you can do in order to protect your assets and properties at the least amount of cost.
Stephen Bilkis and Associates are ready to lend a hand when you need it most. Come in and we will provide you with sound legal guidance and a free case consultation.