Three sons find themselves arguing over probating their father’s will in the New York Surrogate court, as discussed in a January 18, 2013 New York Law Journal article.

The executor of the will sought to have his brothers’ arguments dismissed after they objected to the selling on the main asset of the estate. According the court documents the decedent’s estate was mainly a rent-stabilized/controlled apartment building. Under the will the building was to be sold with the proceeds being equally divided among the three sons.

Two of the brothers objected against the other brother on the grounds that the building was not sold in a timely fashion which led to the profits not being at their maximum level. The probate court rejected these claims, state that the brother had made a good faith effort to sell the building. However, for no fault of the brother’s the property had yet to find a suitable buyer. Furthermore the court found that these objects were unfounded and unsupported since all the work that was done on the building was in furtherance of carrying out the will’s orders.

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