Justice James Pagones
Preliminary executors filed an ex parte preemptive application to seal the records of the subject estate. They sought to seal all information regarding disclosure of revenues, expenses and profits of decedent’s properties, including annual financial statements and appraisals. Executors claimed disclosure of the estate’s financial position would place it at an economic disadvantage in any future endeavor to sell or lease the properties. The court stated sealing a record was unwarranted when the information sought to be sealed was already a matter of public record and was manifestly of public interest. It noted conclusory claims of the need for confidentiality were insufficient to find good cause shown for sealing. The court stated executors hypothesized about events, potential estate liability and financial transactions related to the estate which have yet to occur, finding same entirely prospective. As such, it stated the requested order was overbroad and lacked specificity to provide a sound basis or legitimate need to take judicial action. The court stated disclosure with appropriate redaction as the "estate unfolds" would more discretely accomplish the protective, and informational ends of both its interests and the public, denying the motion.
