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 validity of the will. The court’s analysis revolves around the petitioner’s failure to file objections within the specified timeframe and the merit of the objections presented. SCPA § 1404 examinations, under the Surrogate’s Court Procedure ..read more

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 portion. In New York, the allocation between personal injury and wrongful death claims involves a determination of how to distribute settlement proceeds.  Recoveries designated for wrongful deat ..read more

When someone who lived elsewhere passes away but owns property in New York, a probate proceeding can be initiated in the Surrogate’s Court in the county where the property is located. SCPA § 206 [1], which grants the Surrogate’s Court jurisdiction over the estate of a non-domiciliary decedent who leaves property in the state. The statute ensures that the legal process unfolds in the county where the non-domiciliary decedent left property, streamlining the handling of assets and the distribution of the estate according to applicable laws. In Matter of Steiner, 2023 NY Slip Op 51224(U), the dece ..read more

In New York, having standing to contest a will means having a direct and adverse interest in the probate proceedings. To challenge a will, an individual must demonstrate a pecuniary or financial stake in the estate that would be adversely affected by the will’s admission to probate. Simply being an heir or beneficiary does not automatically grant standing; the potential contestant must show that their rights or inheritance would be directly impacted by the probate of the contested will. The concept of standing ensures that only those with a genuine interest in the outcome can participate in wi ..read more

In the intricate landscape of estate administration, the case of Douglas A. Bender’s intestate demise brings to light the complexities surrounding wrongful death claims and the allocation of settlement proceeds. This blog delves into the details of the case, exploring the legal intricacies, orders of the court, and the pivotal role of attorneys in navigating this challenging terrain. Background Facts In 2011, Douglas A. Bender passed away without leaving a will, leaving his spouse, Bonnie Bender, and four children as surviving family members. To manage the affairs of the estate, Limited Letter ..read more

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 court may assess if the decedent directed probate in New York, weighing the convenience of parties involved. Potential conflicts arise, as the court must balance New York’s interest with the foreign jurisdiction’s primary role in determini ..read more

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 are specific legal matters or disputes, details about the company, its finances, and decisions made in board meetings may become crucial. In the case of Phebe Baugher, her estate involved about $22 million linked to W.S. Wilson Corporation. So, understand ..read more

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 the estate and a subsequent disagreement regarding the effectiveness of the renunciation. In New York, a will renunciation occurs when an individual, typically an heir or a beneficiary named in a will, formally declines or renounces their right ..read more

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 or undue influence, the court demands compelling evidence. The case of Burrows v. Burrows is an example of a situation where were such claims. Background Facts The case involved ..read more

In New York, being of “sound mind” to execute a will means that the testator must possess testamentary capacity. See EPTL § 3-1.1. This entails understanding the nature and consequences of making a will, knowing the extent of one’s property, and recognizing the natural beneficiaries. While a presumption of having a sound mind exists, a testator’s mental capacity can be challenged as it was in In Matter of the Estate of Scher, 2008 N.Y. Slip Op. 51819 (N.Y. Surr. Ct. 2008). It’s important to note that common conditions associated with aging or mental health issues may not automatically invalida ..read more