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ESTATE OF MARIE STARACE KNEE, Deceased

ESTATE OF MARIE STARACE KNEE, Deceased (14/106/A,B,&C) — In this probate proceeding, Alan Knee, the surviving spouse of Marie Starace Knee (hereinafter "Decedent"), and the nominated executor of her Will dated October 14, 2004, petitioned to probate said Will on February 7, 2014. Although the Decedent's five children from a prior marriage initially executed waivers of process and consents to this petition, they subsequently moved to withdraw said waivers and consents. That motion was granted, and shortly thereafter, the decedent's son Robert Starace, the nominated alternate executor, filed a cross petition to probate the Decedent's Will.

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ESTATE OF MARIE STARACE KNEE, Deceased (14/106/A,B,&C) — In this probate proceeding, Alan Knee, the surviving spouse of Marie Starace Knee (hereinafter “Decedent”), and the nominated executor of her Will dated October 14, 2004, petitioned to probate said Will on February 7, 2014. Although the Decedent’s five children from a prior marriage initially executed waivers of process and consents to this petition, they subsequently moved to withdraw said waivers and consents. That motion was granted, and shortly thereafter, the decedent’s son Robert Starace, the nominated alternate executor, filed a cross petition to probate the Decedent’s Will.

Inasmuch as both sides seek probate of the Will, the primary contested issue between the surviving spouse and the Decedent’s children is who shall serve as the executor of the Decedent’s estate. In the many motion papers and court appearances held to date in this matter, the Decedent’s children have alleged that Alan Knee is ineligible to serve pursuant to SCPA 707(e) because he wrongfully possesses property of the Decedent’s from a safe deposit box she owned with one of her daughters. Further, the Decedent’s children allege that Mr. Knee has failed to pursue, marshal and secure various estate assets, some of which may be in jeopardy of being lost. Mr. Knee adamantly denies the allegations and asserts that he is eligible to serve as the executor of the Decedent’s estate.

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