Surogate Nora Anderson
Executor Duggan renewed her motion for summary judgment on her claim against the stakeholder of funds allegedly belonging to the estate. At the time of his death, Kelly was general partner of Andiero Partners. Duggan sued the partnership after Kelly’s death in connection with a dispute over proceeds of a life insurance policy. In her answer, Duggan sought a turnover of Kelly’s individual retirement account and pension funds from the partnership, arguing the estate was the designated beneficiary of each account. The dispute was settled and the retirement funds were transferred from the partnership to its law firm. Duggan amended her counterclaim to seek turnover of the retirement funds from the firm, the new stakeholder, who was to take necessary steps to appear in the proceeding. Issue was not joined through various missteps of both parties, and Duggan’s motion for summary judgment was denied as the court noted she failed to obtain jurisdiction over the firm, and she failed to provide proof the estate was the designated beneficiary of the retirement funds. Yet, as Duggan completed jurisdiction and made a prima facie showing of entitlement, in absence of opposition, the court granted summary judgment.