Surrogate Nora Anderson
Decedent Cohen’s ex-husband was issued letters testamentary and of trusteeship. Cohen’s nephews petitioned to compel the executor to account, alleging he was wasting estate assets on unsuccessful and frivolous litigation against Cohen’s parents and brother. Executor petitioned for an order directing movants to appear for depositions and provide various discovery. Movants sought dismissal of the petition based on documentary evidence, among other things. The court granted executor’s request for a deposition on a 401(k) policy. Movants contended the court lacked subject matter jurisdiction, and the executor lacked standing regarding pre-mortem discovery of Cohen’s parents’ wills, and their assets. The court agreed, noting Cohen’s mother was alive, but was not joined as a party, and dismissed executor’s request for discovery of her will and personal assets. Also, it ruled as Cohen’s father made no bequest to her in his will, executor had no cognizable interest in that estate and lacked standing to question its administration, granting dismissal of executor’s request for discovery. However, the court denied dismissal of executor’s request for information regarding shares Cohen held in her lifetime in a family-owned business.
