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. ...
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...
This is another in a long line of examples where a judge is forced to make a decision that should have been made by the decedent- in a properly drawn and executed Will....
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....
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...
Decedent’s niece sought to probate a 2014 instrument, asking the Court to exclude handwritten alterations in to the will. The attorney draftsman’s affidavit stated decedent signed the instrument in her presence and it contained no handwritten material. Surrogate Malave-Gonzalez ruled that the handwritten notations were...
New York County Surrogate Nora Anderson recently denied a summary judgment motion on an objection based on undue influence. The proponent of the will started as decedent’s part-time health aide and became indispensable when decedent required continuous attention Decedent was accompanied by proponent on visits...
Suffolk County Surrogate John Czygier Jr. in a recent decision order the fees of Court appointed Guardian ad Litems to be paid personally by a Trustee who distributed trust funds not leaving enough money in the Trust to pay the court ordered fees...
