ESTATE OF CARMINE ROCCO LOMBARDI, Deceased

ESTATE OF CARMINE ROCCO LOMBARDI, Deceased (316/11) — In this contested probate proceeding, the objectant, an alleged daughter of the decedent who is not a beneficiary under the propounded instrument moves, pursuant to CPLR 3124 and 22 NYCRR 130-1.1, to compel the preliminary executors, the decedents' two sons who are equal beneficiaries under the propounded instrument to, inter alia, provide her with information as to the amount and source of life insurance proceeds held by an irrevocable life insurance trust (irrevocable trust) of which the sons are the trustees and beneficiaries, and for an award of the costs and attorney's fees she incurred in making the motion. The preliminary executors oppose the motion asserting that the court lacks jurisdiction over any claim relating to the irrevocable trust as the life insurance proceeds are not part of the decedent's probate or non-probate assets, there is no pending proceeding relating to the irrevocable trust and they, in their separate fiduciary capacity as trustees of that trust, were never joined as parties to this proceeding.

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ESTATE OF CARMINE ROCCO LOMBARDI, Deceased (316/11) — In this contested probate proceeding, the objectant, an alleged daughter of the decedent who is not a beneficiary under the propounded instrument moves, pursuant to CPLR 3124 and 22 NYCRR 130-1.1, to compel the preliminary executors, the decedents’ two sons who are equal beneficiaries under the propounded instrument to, inter alia, provide her with information as to the amount and source of life insurance proceeds held by an irrevocable life insurance trust (irrevocable trust) of which the sons are the trustees and beneficiaries, and for an award of the costs and attorney’s fees she incurred in making the motion. The preliminary executors oppose the motion asserting that the court lacks jurisdiction over any claim relating to the irrevocable trust as the life insurance proceeds are not part of the decedent’s probate or non-probate assets, there is no pending proceeding relating to the irrevocable trust and they, in their separate fiduciary capacity as trustees of that trust, were never joined as parties to this proceeding.

The decedent died on June 25, 2010 at the age of 82. His distributees are two sons, the preliminary executors who live in this country, and allegedly the movant and another son who also filed objections. By order filed March 11, 2011 the two sons in this country were granted preliminary letters testamentary limited by SCPA 805 (3) upon the posting of a bond in the sum of $1.625 million.

ESTATE OF CARMINE ROCCO LOMBARDI, Deceased

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