• Surrogate's Court, Queen's County
  • 15/4699
  • Feb 09 2017 (Date Decided)
  • Surrogate Kelly
ESTATE OF BERNICE BELLASALMO, Deceased (15/4699) — The decedent, Bernice Bellasalmo, died on October 31, 2015 at the age of ninety-five years, leaving two daughters, Theresa Knuth ("Knuth") and Madeline Ayers ("Ayers") as her distributees. Offered for probate in this proceeding is an attorney drafted instrument dated August 16, 2007, purported by the Petitioner, Sandra Viola, the decedent's niece-in-law and nominated fiduciary, to be the Last Will and Testament of the decedent. The offered instrument provides for the decedent's entire estate to be distributed equally between the Petitioner and her husband, Robert Viola, a nephew-in-law of the decedent. With respect to the decedent's daughters, Article Second of the offered instrument states as follows: "I do not leave anything to my two children, Madeline Ayers and Theresa Knuth. I have provided for them to a great extent during my life."

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