The New York Probate Litigation Blog
The New York Probate Litigation Blog posts information about probate and estate law and litigation in New York. It includes a mix of articles, relevant state court decisions and links to other related websites.
Author: Author Philip Bernstein is a trusts and estate lawyer in Garden City, N.Y.
Blawg Related Categories: Trusts & Estates • Solo / Small Firm
Recent Posts from The New York Probate Litigation Blog
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Surrogate's Court Procedure Differers In Different Counties
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…
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Failure To Show Due Execution Of Will Leads To Denial Of Admission To Probate
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…
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Legislature's Amendments to Law Impact Estates
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…
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Self-Executing Affidavit Fails To Establish Due Execution; Appellate Division Orders Trial On The Merits
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…
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Public Administrator Survives Distributees' Attempt At Removal
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…
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South Carolina Court Orders That James Brown's Estate Will Be Auctioned
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…
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Brooklyn Surrogate Awards Elective Share Of 100 Year Old's Estate To 47 Year Old Nurse/Wife After Deathbed Marriage
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…
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Guardian Ordered To Repay $403,000 To Judge's Estate
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…
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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
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…
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CNBC Reports Settlement Of Tobias Case
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…