The parties signed a stipulation for a schedule to examine witnesses and file objections. They acknowledge to the court that their default was willful causing the court to dismiss their objections. ...
Pre death contract is enforceable against the estate...
Matter of Estate of Piotrowski, 2012-604/C (December 10) The court interpreted the waiver contained in the separation agreement as not applying to the ex wife’s right to administer the estate as the guardian of the decedent’s child. It will be interesting to see if divorce attorneys...
The mother of the decedent was the sole distributee but her son petitioned for declaratory relief so that he and his siblings would qualify as distributes and inherit the portion of the estate passing by intestacy. ...
The court noted a hearing was ordered on the Administrator’s fitness to continue serving as fiduciary. Also, she was directed to account before her fitness hearing. The court noted the administrator did not appear or file an Accounting and revoked her letters of administration. The...
Surrogate Nelida Malave-Gonzalez recently allowed a probate contest to go to trial based upon allegations that the proponent of the will began controlling decedent’s activities, preventing objectant from freely communicating with his father....
It is easy to object to a will based on claims of fraud, undue influence and duress, but not necessarily so easy to prove such a claim. ...
Spouse, sought reargument of this court’s October 10, 2018 decision in this proceeding to recover possession of real property, and grant a stay....
Any will that is drawn by a competent lawyer will contain a provision called a “residuary clause” which will distribute everything that is not otherwise given away in the will to a Residuary beneficiary - or multiple beneficiaries. In a case in New York County...
