Author: Charles Fiore

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...

Manhattan Surrogate Rita Mella decided to order a posthumous genetic marker test in the contested proceeding to compel the account of the estate’s administrator The court noted it must determine if ordering the test was practicable and reasonable and would impose undue hardship on decedent’s...

Attorney-drafter brought a construction proceeding to have the court authorize making gifts under the will to two substitute Jewish charities in the place of Graenum Berger a charitable organization named in the original Will which was no longer functioning.  Bronx County Surrogate Nelida Malave-Gonzalez found...

Surrogate Margarita Lopez Torres recently ruled in a Kings County Surrogate’s Court matter that an attorney’s refusal to sign a substitution of attorney stipulation was a “futile and disturbing attempt to avoid discharge,” and his motion for a judgment constituting fees owed “woefully insufficient.” ...

Fiduciary Ordered to Repay Excess Legal Fees and Commissions with Interest New York County Surrogate Rita Mella recently issued a decision ruling that an estate fiduciary must refund any amount in excess of the legal fee allowed by the court In this contested judicial accounting proceedings. ...