While deference is accorded to the testator’s selection of a fiduciary, there are circumstances when judicial intervention is required in order to safeguard the interests of the estate and satisfy statutory dictates. Recently, Surrogate’s Courts have had the opportunity to consider this issue, as evidenced by the decisions that follow.
Administrator cta Eligibility
Before the Surrogate’s Court, Kings County, in In re Waxman, was an application, pursuant to the provisions of SCPA 1418, for letters of administration cta by the decedent’s sole distributee, who had been specifically disinherited under the propounded will. Seven of the eight residuary beneficiaries under the instrument renounced their right to serve and consented to the relief requested by the petitioner.
