Surrogate Margarita Lopez Torres

 

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Respondent sought to vacate this court’s prior decision granting the uncontested petition of his brother, Alexander, to revoke letters of administration previously issued to respondent. Decedent was survived by five children, with Alexander residing with her for many years at the subject residence, and continuing to reside there after his mother’s death. Respondent sought letters and argued Alexander refused to grant him access to the mother’s property and religious books. Alexander alleged respondent entered the premises without consent and removed property belonging to a religious corporation formed by decedent’s predeceased spouse—the brothers’ father—housed at the premises. Respondent then cross-petitioned, altering his position that property within the premises belonged to decedent’s estate, claiming he was attempting to retrieve his personal property. The court granted Alexander’s uncontested petition to revoke respondent’s letters of administration, granting him letters. It also concluded, based on a review of the administration proceeding, there were no assets or property owned by decedent requiring administration, and the parties’ dispute did not involve decedent’s estate, but between living parties­—over which the court lacked jurisdiction.

Surrogate Margarita Lopez Torres

 

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Respondent sought to vacate this court’s prior decision granting the uncontested petition of his brother, Alexander, to revoke letters of administration previously issued to respondent. Decedent was survived by five children, with Alexander residing with her for many years at the subject residence, and continuing to reside there after his mother’s death. Respondent sought letters and argued Alexander refused to grant him access to the mother’s property and religious books. Alexander alleged respondent entered the premises without consent and removed property belonging to a religious corporation formed by decedent’s predeceased spouse—the brothers’ father—housed at the premises. Respondent then cross-petitioned, altering his position that property within the premises belonged to decedent’s estate, claiming he was attempting to retrieve his personal property. The court granted Alexander’s uncontested petition to revoke respondent’s letters of administration, granting him letters. It also concluded, based on a review of the administration proceeding, there were no assets or property owned by decedent requiring administration, and the parties’ dispute did not involve decedent’s estate, but between living parties­—over which the court lacked jurisdiction.