Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Will of Fotopoulos, 157/2005

Jurisdiction Acquired Over All Necessary Parties; Court Dismisses Objectant's Entire Petition

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Judge Surrogate Berliner

ESTATE OF HARRY C. FOTOPOULOS—In this contested probate proceeding, the objectant, Irene Fotopoulos, has moved by order to show cause for an order of this court requiring an additional amendment of the second amended petition for probate, filed February 6, 2006, and requiring that citations issue to Dion Fotopoulos, Leo Fotopoulos, and Dimitrios H. Fotopoulos, three of decedent’s sons. Objectant maintains that jurisdiction is not complete in this proceeding. She argues that the three above-named individuals are adversely affected under SCPA §1403 by the probate of the propounded instrument as a result of the filing of a prior will, dated February 2, 1988, of decedent. Objectant also argues that the supplemental citation issued under the second amended petition “failed to satisfy minimal notice requirements of procedural due process” because it failed to specifically advise Vera Alexandria Fotopoulos, Sophia Biraglia, John Denning and Dennis Kallivokas that they “may be adversely affected” by the propounded will. Furthermore, she contends that the citation should state that a copy of the prior will is attached. Finally, objectant argues that it is also a jurisdictional defect that the preliminary executor, the petitioner in this probate matter, “failed to disclose his confidential attorney-client relationship” with the decedent. The preliminary executor opposes the motion.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Go to Lawjobs