Surrogate Edward McCarty III
Decedent's residuary beneficiary, LoTruglio, petitioned for limited letters of administration claiming she intended to commence a discovery action for misappropriation of decedent's property and funds against other residuary beneficiaries under the will, including executor Buff, and her siblings. Letters were previously issued to Buff. The instant petition filed by LoTruglio asserted she was never contacted by Buff about the distribution of decedent's estate, and noted the signature on checks of decedent made 18 months before her death were substantially different from her signature one or two years prior. LoTruglio argued checks were issued from decedent's account to Buff and her siblings. The court noted Surrogate's Court Procedure Act §702 provided the court authority to grant limited letters even when full letters were already issued. SCPA §702(9) permitted issuance of limited letters where there may be a claim of the estate against the executor in her individual capacity. LoTruglio submitted allegations of impropriety against Buff and her siblings in the handling of decedent's assets before and after her death, thus Buff had a conflict of interest in deciding if to pursue such claims on the estate's behalf. Hence, issuance of the limited letters was appropriate, granting LoTruglio's petition.
