Surrogate Robert Gigante
In an action for judicial settlement of the account of executrix Frances Lowney of decedent’s will, which was admitted to probate, attorney and interested party Cynthia Lowney sought various documents to review the accounting. Cynthia sought present and past names, addresses and phone numbers of all beneficiaries to which Frances objected arguing it was irrelevant to the accounting proceeding. The court agreed finding as Cynthia neither represented nor possessed a power of attorney for beneficiaries, whose addresses she questioned, and validity of a waiver, she lacked standing to challenge the validity of the waiver and consent on their behalf. Cynthia also sought copies of all checks showing they were cashed to show disparate treatment in that distributions were not made to beneficiaries at the same time. The court stated to the extent Cynthia sought copies of distribution checks to her drawn from estate accounts, or copies of checks drawn for estate expenses, the request was granted. However, as Cynthia did not represent any of the other beneficiaries, she was not entitled to discovery relating to potential objections that could be made on their behalf.
