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Surrogate Nelida Malave-Gonzalez

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Decedent’s daughter is a trust beneficiary of decedent’s inter vivos revocable trust into which the will poured over. She alleged that the sale of personal property should not be held without a hearing to determine if the sale was proper. Petitioner also argued she was not given sufficient time to object to probate of the will, and issuance of letters testamentary. Respondent executor alleged petitioner was given nearly all of decedent’s clothes in satisfaction of her 25 percent interest under the trust in any sale proceeds of the contents of an apartment. The court noted executors had the power to administer estate or trust assets in accordance with the powers under Estates Powers and Trusts Law §11-1.1. It ruled petitioner failed to establish that respondent did not have the authority to sell decedent’s property, or was acting in contravention of the terms of the will or trust, either in his capacity as executor or successor trustee. Also, the court found petitioner obtained multiple adjournments of the probate proceeding, and was even admonished there would be no further adjournments granted, but failed to file formal pleadings to object to probate. Hence, she failed to establish any right to the requested relief, and was denied same.

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