Surrogate's Court Procedure Differers In Different Counties

Posted By Philip Bernstein 09 | 24 | 2008 print this article

This evening your lawblogger attended a seminar in the courtroom at the Nassau County Surrogate's Court. The speakers were the clerks of the Surrogate's Courts in several Long Island counties as well as New York County. The program underscored the differences between procedure in different counties.

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Failure To Show Due Execution Of Will Leads To Denial Of Admission To Probate

Posted By Philip Bernstein 09 | 15 | 2008 print this article

Surrogate Thomas E. Walsh II of Rockland County has denied a probate petition where the proponent was unable to establish due execution pursuant to the requirements of the Estates Powers and Trusts Law. It would seem improbable that a will witnessed by three experienced accountants (two of them CPAs) would not pass muster but that was the case in the matter of the Will of Christopher E. DiPasquale, 709/09, decided this past August 28th and reported at page 29 of the New York Law Journal on September 12, 2008.

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Legislature's Amendments to Law Impact Estates

Posted By Philip Bernstein 09 | 14 | 2008 print this article

For those of you who may be wondering if I fell off the end of the earth, your faithful law blogger has returned after a long vacation --and all of the work that needs to be done before and after a break (yes, it was worth it, but sometimes a bit hard to tell). Our state legislature, in a fairly uncharacteristic display of get-up-and-go, has given us an important new piece of legislation to digest this summer.

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Self-Executing Affidavit Fails To Establish Due Execution; Appellate Division Orders Trial On The Merits

Posted By Philip Bernstein 07 | 25 | 2008 print this article
A  case just handed down from New York's Appellate Division Third Department, Matter of Paigo, 2008 NY Slip Op 06250   involves an interesting and successful challenge to the presumption of due execution which arises when the witnesses to a will sign a self-executing (or "living" affidavit) where they attest that the testator signed the will in their collective presence, knew what he or she was doing, understood and agreed with the contents of the will and appeared to be of sound mind. The problem in this case was that the petitioner had presented this will to the testator for signature in a hospital bed without being able to offer substantial proof that he knew the contents of his estate or the identity of the "natural objects of his bounty". A review of the decedent's medical records indicated that he was "forgetful" and "confused", was impulsive and did not retain information. Also significant was the fact that although an attorney was "minimally involved in the process", he was retained by the petitioner. The court noted that even though he was present at the execution of the will, he had very limited experience in this area of the law. Upon review of the Surrogate's decision, the Appellate Division found that triable issues of fact existed as to the competence of the decedent and the execution of the will requiring that a trial on the merits of the case be held. Posted In PRACTICE AND PROCEDURE
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Public Administrator Survives Distributees' Attempt At Removal

Posted By Philip Bernstein 07 | 23 | 2008 print this article

New York's Appellate Division has upheld a decision of New York County Surrogate Renee S. Roth which denied a petition aimed at discharging the public administrator. The case is the Estate of Jordan 859 N.Y.S.2d 447. The petition involved an application by first cousins of the decedent to revoke letters of administration previously issued to the public  administrator.

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South Carolina Court Orders That James Brown's Estate Will Be Auctioned

Posted By Philip Bernstein 07 | 15 | 2008 print this article

Yesterday's Charlotte Observer  has reported on the latest chapter of the turbulent death of James Brown. The South Carolina Court of Appeals has directed that at least 300 items belonging to the late Godfather of Soul are to be auctioned off by Christies in New York on Thursday. The controversy that was part of the life of Brown has continued long after his death on Christmas Day 2006. You may recall that his body was kept in cold storage in his home while a battle raged as to how and where he should be buried. Then there were issues as to whether or not previously unidentified children were entitled to share in his estate. Now there has been a legal battle over the disposition of many items of his personal possessions. With Brown's former business managers waging a court fight to stop the auction, Judge Jasper Cureton has decided to permit the auction to take place and "sort things out later". Hurry to Christies on July 17th if you want to take a shot at acquiring Brown's red jump suit, his blue satin cape or some of his hair picks or rollers! One certain thing , however, is that this estate still has some more mileage -- and headlines -- left, so stay tuned. 

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Brooklyn Surrogate Awards Elective Share Of 100 Year Old's Estate To 47 Year Old Nurse/Wife After Deathbed Marriage

Posted By Philip Bernstein 07 | 14 | 2008 print this article
The New York Law Journal has recently reported a significant, but bizarre decision concerning the spousal right of election. Brooklyn Surrogate Diana A. Johnson has awarded  47 year old Hua "Judy" Wang one third of the five million dollar estate of her 100 year old husband after a short deathbed marriage. The ruling in the Matter of Berk, 2488/06 has raised more than a few eyebrows --as well as many questions about the law and how it should be applied. Continue Reading Posted In LEGAL INFORMATION
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Guardian Ordered To Repay $403,000 To Judge's Estate

Posted By Philip Bernstein 07 | 8 | 2008 print this article

Earlier, I reported here about the sad events surrounding the end of the life of former Kings County Civil  Court Judge John L. Phillips. Justice Phillips was a well-known and well-loved jurist whose last years were spent in a general decline. Ultimately it was necessary for a guardian to appointed to oversee his affairs. Several different judges and attorneys were appointed to handle that responsibility until the appointment of Emani Taylor Esq. in 2002.

 

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A Dog's Life Isn't That Bad ! Eight Billion Dollar Helmsley Trust Is Slated To Be Applied To The Benefit Of The Nation's Canine Population

Posted By Philip Bernstein 07 | 2 | 2008 print this article
Today's New York Times reports that the late Leona Helmsley has left a mission statement in connection with a testamentary trust valued as high as eight billion dollars. In it, she directs that virtually the entire fund be applied to the welfare of dogs. While Surrogate Renee R. Roth has already shown a willingness to modify the provisions of Ms. Helmsley's will to reduce the original twelve million dollar bequest to her dog to two million (!) dollars, the aim of New York law is to determine the true intent of the decedent and to follow his or her wishes as closely as possible. While it is understandable that a court might rail at the idea of leaving twelve million dollars to a single pooch, the trust's mission statement obviously has a broader intent in mind than the care and feeding of one animal. Since their are numerous organizations dedicated to animal welfare and the advancement of veterinary science, it may very well be that the entire trust will ultimately be applied for the benefit of our nation's canines --just as the late hotel magnate had obviously wanted. Posted In NEWS
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CNBC Reports Settlement Of Tobias Case

Posted By Philip Bernstein 06 | 14 | 2008 print this article
CNBC has reported that the litigation over the estate of the late hedge fund financier Seth Tobias is settled pending the approval of a Probate Judge in Florida Monday. Last December we reported here about the controversy raging since Tobias was found dead in his swimming pool in Palm Beach County  on September 4, 2007. Tobias' brothers brought suit against his widow Filomena charging that she had murdered him by poisoning his pasta  and then luring into a swimming pool on the promise of sex with a male stripper. Continue Reading Posted In NEWS
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