Surrogate Nora Anderson
Executor Mark Antin moved for summary judgment dismissing a petition by his sister, Dana, to revoke his letters testamentary. The court noted the parties’ “unusually high level of animosity.” In one of three proceedings, Dana sought Mark’s removal and appointment of herself as the fiduciary. She claimed Mark removed personal property from a house in Petersburg, and noted his misconduct regarding a Swiss bank account. Mark argued the personalty in the Petersburg home was removed to secure its safety due to the hostility between the parties, stating enough furniture and household items remained to permit Dana to enjoy the home. The court stated Dana’s view that personal property was distributed to the parties along with the real property was not supported in the record. It found Mark’s explanation as to why he secured many items sufficient to make a prima facie case for summary judgment, ruling his conduct regarding the furniture was not grounds for removal. The court also found Dana was aware of and had received more than her one-half share of the Swiss account before Mark closed it and collected the remaining funds, concluding his conduct did not rise to the level of misconduct to justify removal and granted dismissal.