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Ancient Documents: Overcoming the Obstacles of Time

By Jennifer F. Hillman * As many estate attorneys can attest, probating an "older" will has additional challenges to overcome. In New York, courts generally require the testimony or an affidavit of one attesting witness prior to admitting a will to probate. This requirement is often...

Appellate Court Upholds Objections To Probate In Spite Of Waiver

The Supreme Court's Appellate Division recently upheld New York County Surrogate Nora Anderson's decision in the probate proceeding of Rosalin E. Melnick 942 N.Y.S.2D 45 (A.D. 1Dept 2012) [ enhanced version available to lexis.com subscribers ] which denied a petitioner's motion to dismiss...