Surrogate John Czygier Jr.
In an accounting proceeding, petitioner sought approval of attorney fees, among other things. Petitioner also sought to disqualify decedent’s husband, Robert Anderson, as decedent’s distributee arguing he was convicted for decedent’s murder. A guardian ad litem was appointed to represent Robert’s interests as he was incarcerated. The guardian filed a report noting he was satisfied his ward was convicted for decedent’s murder, thus could not legally benefit from the estate. The guardian further stated he was satisfied his ward had no interest in the estate, thus also took no further position on the remaining relief petitioner requested. The court noted it was well settled that no one was permitted to profit from his own fraud or to take advantage of his own wrongdoing, or acquire property by his own crime. Thus, as there was no dispute Robert was convicted for the murder of decedent, the guardian was satisfied the ward was not entitled to share in decedent’s estate, the court ruled any interest Robert may have had in decedent’s estate was forfeited. Further, the court noted as the remainder of decedent’s issue were adults and competent, and signed waivers and consents to petitioner’s requested relief, same was granted.
