Surrogate Edward McCarty III
Decedent's daughter, Silverman, sought to extend preliminary letters testamentary in this contested probate action. Objections were filed by applicant's sister, Husserl, arguing Silverman intentionally permitted her letters to expire while continuing to write checks from the estate account, including to herself. The court noted Husserl's contentions were better addressed in a plenary action for revocation of the letters under Surrogate's Court Procedure Act §711, instead of an objection to Silverman's application to extend them. Husserl's counsel argued Silverman continued to maintain the expenses paid while her letters were expired were reasonable and necessary, and Silverman admitted there were assets not yet marshaled. Counsel requested denial of Silverman's application and to suspend her from acting as a preliminary executor. The court stated revocation of Silverman's letters, and appointment of a new administrator, would not be in the estate's best interests, noting the unmarshaled assets were described as "minor items," and judicial accounts were filed. Yet, it stated if Silverman was unable or unwilling to timely fulfill her obligations and comply with the court's directives, her letters would be revoked.
