Litigation concerning estate matters has been discussed in many posts in the New York Probate Lawyer Blog. The variety of Surrogate’s Court disputes sometimes appears endless. These matters include contested probate proceedings, as well as proceedings to discover and recover a decedent’s property from third parties who have wrongfully taken such property. Also, proceedings to remove an Executor or Administrator because of a breach of fiduciary duty are not uncommon.
Recently, a number of stories have been written concerning estate disputes that involve well-known individuals. These articles present good examples of the problems presented when an estate is in turmoil. A post appearing in the hollywoodreporter.com on November 17, 2014 by Eriq Gardner is entitled “Court: Sherman Hemsley Won’t Be Dug Out From Grave.” As reported, Sherman Hemsley was a famous actor appearing in sitcoms as the character George Jefferson. Shortly before his death in July 2012, Mr. Hemsley signed a new Will in which he left his estate to his business manager/best friend. Although the Will was contested by Mr. Hemsley’s brother, the probate court found the Will to be valid. In the appeal, which the brother also lost, he asserted that Mr. Hemsley should have been buried in a different location and that the business manager should not have made this decision. The appeals court declined to order that Mr. Hemsley’s body be removed and found that the brother’s rights to decide where to bury Mr. Hemsley were extinguished. Continue reading →