ESTATE OF THELMA H. WOLF, Deceased (11/2807/A) — This is a contested proceeding commenced by the petitioner, one of the decedent’s two sons who are her only surviving distributees, to compel an accounting by the executor, the decedent’s other son who filed objections to the application. The decedent died testate on May 24, 2011 survived by the two sons and her spouse who post-deceased her on July 31, 2011. Her will dated July 13, 1982 was admitted to probate by decree dated November 22, 2011. The will bequeaths the entire residuary estate to the spouse; however paragraph FIFTH, clause (B) provides, inter alia, that “[i]f any beneficiary under this Will (including my husband) shall die within six (6) months after my death…, such beneficiary shall be presumed to have predeceased me…and my estate shall be distributed on that assumption.” Paragraph THIRD provides that if the spouse predeceased the decedent the residuary estate was to be distributed to the decedent’s issue, in equal shares, per stirpes. As the spouse post-deceased the decedent by only two months, pursuant to the terms of the will, the decedent’s spouse is presumed to have predeceased her making the two son’s equal residuary beneficiaries of this estate. The probate petition listed both personal property and real property as assets of this estate.
In his objections, the executor requests that the proceeding be dismissed at this juncture, ostensibly because the petitioning son did not informally request that he account and instead filed this petition to compel an accounting. Nonetheless, on the return date of this application the attorney for the executor stated on the record that the executor could file an account by July 9, 2015, but noted that in the event of a difficulty with such filing he would notify the court. Subsequently, on June 25, 2015 counsel for the executor wrote to the court stating that he encountered difficulties in obtaining information from the petitioning son who he alleges is in possession of information as to additional estate assets that the executor may not have been aware of and, such information is necessary for the executor to file an accurate account; however, there is no explanation as to why an interim account cannot be filed pending the receipt of the additional information, if any, from the petitioning son.
