ESTATE OF PHILIP A. FRIEDMAN, Deceased

ESTATE OF PHILIP A. FRIEDMAN, Deceased (11/2926; 11/2926/G) — Two parties petitioned separately for the admission to probate of an instrument dated April 5, 2011, purported to be the last will and testament of Philip A. Friedman, who died on June 28, 2011. Tracy Raysor, the named executor, filed a petition for the probate of decedent's purported will. Decedent's daughter, Nicolle Leeds, initially opposed the petition, and filed detailed objections of her own attacking the bona fides of the instrument. Leeds later withdrew her objections and instead filed a cross-petition asking the court to admit the purported will to probate and to appoint her, rather than Raysor, as fiduciary.1

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ESTATE OF PHILIP A. FRIEDMAN, Deceased (11/2926; 11/2926/G) — Two parties petitioned separately for the admission to probate of an instrument dated April 5, 2011, purported to be the last will and testament of Philip A. Friedman, who died on June 28, 2011. Tracy Raysor, the named executor, filed a petition for the probate of decedent’s purported will. Decedent’s daughter, Nicolle Leeds, initially opposed the petition, and filed detailed objections of her own attacking the bona fides of the instrument. Leeds later withdrew her objections and instead filed a cross-petition asking the court to admit the purported will to probate and to appoint her, rather than Raysor, as fiduciary.¹

As set out in greater detail in the court’s decision of November 25, 2015 (Matter of Friedman, 2015 NYU LEXIS 2650), the propounded instrument is severely deficient. First and foremost it arguably fails to dispose of any testamentary property. Second, the instrument on its face, as well as the objections withdrawn by the crosspetitioner, raise serious questions about the validity of its execution and decedent’s testamentary capacity. Although the instrument indicates an April 5, 2011, execution date, it contains a reference by date and claim number to decedent’s application for unclaimed funds filed on May 13, 2011, i.e., five weeks after the alleged execution date. Earlier undisputed allegations established that more than a year before the will was executed, decedent was unaware of his income and was incapable of protecting his own interests in an eviction proceeding in Civil Court. Yet, despite decedent’s cognitive limitations, which were documented by an examining psychiatrist in the Civil Court proceeding, the instrument contains a detailed listing of over 30 stock holdings and accounts. In addition, decedent’s name is misspelled.

ESTATE OF PHILIP A. FRIEDMAN, Deceased

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