The court considers the petitioner’s application to vacate a prior decree that admitted the Last Will and Testament of the Decedent to probate and issued Letters Testamentary to David Menzies. The petitioner, Wilhelm Waight, seeks to revoke the letters testamentary and conduct SCPA § 1404 examinations, alleging lack of notice and raising concerns about the
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Whether the Surrogate’s Court has the authority to modify the 100% allocation ordered by Supreme Court. Matter of Hoyte, 2021 NY Slip Op 21090
This case involves the distribution of settlement proceeds following the untimely death of the decedent, raising questions of jurisdiction and allocation between personal injury and wrongful death claims. The petitioner, Clathina McMillan-Hoyte, seeks approval for the distribution, while the Albany County Department of Social Services (DSS) objects, asserting a Medicaid lien on the personal injury…
Court refused to rule on whether future legal action would trigger an in terrorem clause. Matter of Follman 2023 NY Slip Op 23292
An in terrorem clause, commonly found in wills and trusts, is a legal provision designed to deter beneficiaries from challenging the validity of the document or taking legal action against the estate. Also known as a no-contest clause, it threatens forfeiture of inheritances if a legal challenge is initiated. The clause aims to promote the…
Surrogate’s Court refused to restrain a foreign proceeding, allowing probate to proceed in Israel. Matter of Cohen 2004 NY Slip Op 24426
When attempting to probate a will in New York that originated in another country, several issues may arise. The court must navigate differences in legal systems, questioning the validity of the foreign will under New York law. Considerations include the deceased person’s connection to New York, the residence of beneficiaries, and the executor’s location. The…
Surrogate’s Court considered whether to enforce a settlement agreement made through alternative dispute resolution.Matter of Eckert 2022 NY Slip Op 50095(U)
When someone dies intestate in New York, it means they passed away without a valid will. In this situation, the New York’s laws step in to determine how the deceased person’s estate will be distributed. If the decedent has both a surviving spouse and a child, New York’s intestate succession laws come into play.
The…
Court denied the requested transfer of the trusts’ situs to Delaware. Matter of Bush 2003 NY Slip Op 23933
This legal case involves JPMorgan Chase Bank’s petition to resign as a trustee for trusts created by Harriet F. Bush and Donald F. Bush. The court has already granted their request for resignation and appointed J.P. Morgan Trust Company of Delaware as the successor trustee. The remaining issue is the transfer of the trusts’ situs…
Should the court compel turnover of corporate minutes relevant to an estate? Matter of Baugher 2014 NY Slip Op 51090(U)
In estate proceedings, the involvement of corporate holdings, like a company owned by the deceased, can significantly affect the distribution of assets. Imagine someone owned a business worth millions when they passed away. Now, their estate has to be sorted out. The company’s value and income become part of the estate’s total worth. If there…
Google is obligated to disclose contacts and calendar information under EPTL 13-A-3.2. Matter of Serrano 2017 NY Slip Op 27200
A New York small estate proceeding is a simplified legal process for handling the assets of a deceased person when their estate is relatively small. It streamlines the probate or administration process, making it quicker and less complex. Typically, it’s available when the total value of the estate is below a certain threshold. This procedure…
The court considered whether the renunciation of an interest in an estate was effective. Matter of Fakhra 2023 NY Slip Op 23201
Matter of Fakhra, 2023 NY Slip Op 23201 involves a dispute within a small estate proceeding following the intestate death of the decedent in May 2020. The two adult children, Sara Nabil Fakhra (Petitioner) and Aous Fakhra (Respondent), were appointed Co-Administrators of the estate. The conflict arises from Aous Fakhra’s renunciation of his interest in…
Court rejects children’s allegations of undue influence and lack of testamentary capacity. In re Burrows, No. 2022-01936 (N.Y. App. Div. Mar. 18, 2022)
Families often find themselves entangled in disputes over wills, particularly when claims of lacking testamentary capacity and undue influence arise. Such disagreements frequently arise due to differing interpretations of the deceased’s intentions or changes in familial dynamics. Courts, cognizant of the gravity of these allegations, meticulously assess each claim. To substantiate assertions of testamentary incapacity…