Surrogate Edward McCarty III
Decedent's daughter Greenberg moved for letters of administration to issue to the Public Administrator (PA) in this contested probate action. Decedent's son Nelson opposed, and requested letters be issued to him. Nelson previously moved to reargue a prior summary judgment decision based on not being properly served. The court granted reargument, and upon same vacated its prior decision, also finding the probate proceeding was jurisdictionally defective. An amended petition was filed and Greenberg filed objections. Preliminary letters were issued to decedent's "friend and companion" Soljour, but movant asserted Soljour used estate assets without authority and for her own benefit. She also noted Soljour's letters expired, but she failed to renew them, leaving the estate without a fiduciary. The court noted Soljour joined in movant's request for the appointment of the PA as temporary administrator. It found it was not in the estate's or beneficiaries' best interests for Nelson to be appointed temporary administrator, noting it had concerns about Nelson's honesty and his ability to act as fiduciary of an estate where he failed to disclose the identity of interested parties. Thus, letters of administration shall issue to the PA.
