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Frank W. Streng, White Plains Estate Litigation LawyerDina M. Aversano, White Plains Litigation Lawyer

Surrogate's Court Litigation - Trusts & Estates - Will & Trust Contests - Summary Judgment Motions

Matter of Tedesco, Surr. Ct., Westchester (File No. 2012-781/B) (8-13-2014)

In contested will proceedings, objections to probate must be grounded in admissible evidence to avoid dismissal.  Here, Frank Streng and Dina Aversano successfully defended our client in a will contest between the decedent’s niece and nephew and our client, the decedent’s long-time, but unmarried, partner of over 40 years, by moving for summary judgment to dismiss objections to probate. A motion for summary judgment is appropriate where, like in this case, there are no issues of material fact to warrant a trial by a fact-finder. What made the case particularly unusual is that the executor named in the Will did not move for summary judgment, forcing McCarthy Fingar and its client, representing a beneficiary, to seek to uphold the will through the successful summary judgment motion.