X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

  In this pending probate proceeding, the decedent died on August 8, 2014. A document dated September 21, 2004 purporting to be the Last Will & Testament has been filed for probate by Miroslaw (Mike) Grunwald, son of the decedent and the nominated executor therein. Subsequently, Oliwia Grunwald, decedent’s granddaughter from a predeceased son, filed an Order to Show Cause seeking to transfer these proceeding to Kings County pursuant to SCPA 206(1)(a) and SCPA (206)(3), as well as various other discovery related reliefs. Oliwia argues that the decedent was domiciled in Poland at the time of her death and as a non-domiciliary, her estate must be heard in the county where property is located. Since the decedent owned real property located in Kings County, Oliwia argues that is the proper forum for this matter. Mirloslaw naturally opposes this relief and argues that his mother has been a domiciliary of Richmond County for over two decades.All of the Surrogate’s Courts in New York have subject matter jurisdiction of the estates of non-domiciliaries who left property in New York (SCPA 206). Undeniably, every Surrogate in New York has subject matter jurisdiction over the estate of any New York domiciliary, but the county of his domicile is the proper venue (SCPA 205). The concept of domicile is therefore very important in the Surrogate’s Court. It is predicated on the idea that a person forms ties with one place sufficient to make that place his “home”. Domicile then is the permanent home to which a person, during an absence, always intends to return. A person may have many residences, but can have only one domicile (Matter of Newcomb, 192 NY 238).Indeed, when a decedent has multiple homes, his domicile is a mixed question of law and fact to be decided on the unique circumstances of each case, such as where he or she voted, where his or her car were registered, and where he or she filed income taxes (In re Estate of Brunner, 41 NY2d 917; Matter of Newcomb, 192 NY 238; In re Winkler v. Winkler, 171 AD2d 474).The Court may hold a hearing to determine the issue of domicile when there is a dispute between the parties. In the instant proceeding, after having heard oral argument on the issue of domicile and the various discovery motions and after having reviewed all of the papers heretofore submitted herein, both in support of the motion and in opposition thereto, the Court finds the existence of conflicting issues of fact regarding the issue of domicile which can only be resolved by a hearing. All discovery issues are held in abeyance pending the outcome of the domicile hearing.The hearing will focus on whether or not the decedent’s estate should be viewed as a domiciliary or a non-domiciliary estate, and thereafter determine which is the proper county for the probate petition.The Court further advises counsel that where a party claims that the decedent changed his/her domicile, the burden is on that party to prove the change (Matter of Shindell, 60 AD2d 393, affd 55 NY2d 655), and the proof must be made by clear and convincing evidence (Matter of Gadway, 123 AD2d 83).Accordingly, this matter is restored to the Court’s Calendar of Wednesday, January 30, 2019 at 9:30 a.m. for the selection of a hearing date.This decision shall constitute the Order of the Court.Dated: January 15, 2019

 
Reprints & Licensing
Mentioned in a Law.com story?

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

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

Complex Claims & Litigation Forum 2024

February 26, 2024 - February 28, 2024
Las Vegas, NV

The conference experience aimed to help insurers and litigators Prevent, Prepare, and Prevail in complex claims cases and risks.


Learn More

Women, Influence & Power in Law UK Awards 2024

March 06, 2024
London, UK

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Florida Legal Awards (FLLA) 2024

April 04, 2024
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

PERSONAL INJURY ATTORNEY & WORKERS COMPENSATION ATTORNEY WOODBRIDGE, NJ


Gill & Chamas, LLC seeks an attorney to work in their Woodbridge, NJ Office. Candidate must possess either of the following: 1-3+ year...


Apply Now ›

All Offices Conflicts Counsel


Description: Fox Rothschild LLP has an opening in multiple offices for a Conflicts Counsel. The Conflicts Counsel team supports the firm s c...


Apply Now ›

HUMAN RESOURCES ADMINISTRATIVE ASSISTANT


COLE SCHOTZ P.C.HUMAN RESOURCES ADMINISTRATIVE ASSISTANT- NEW JERSEY OFFICE Prominent mid-Atlantic law Firm with multiple office locatio...


Apply Now ›

Danaher Lagnese

02/22/2024
Connecticut Law Tribune

Professional Announcement


View Announcement ›

Blume Forte Fried Zerres & Molinari

02/19/2024
New Jersey Law Journal

Frederick D. Miceli has joined the firm as Of Counsel


View Announcement ›

BENCHMARK RESOLUTION SERVICES, LLC

01/29/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›