Surrogate Margarita Lopez Torres


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FanFan, wife of Herman Moss, and administrator of his estate, sought to direct Shirley Moss, executor of decedent’s estate, to execute and deliver a new contract of sale of the subject premises in compliance with a Nov. 2014 order. Decedent died in 1998 survived by three children, Herman, Shirley and Edgard. The court found via multiple agreements made over 11 years, Shirley and Edgard gave Herman numerous opportunities to purchase the premises where he resided until his death in 2015, but noted his consistent financial inability to do so. In the final agreement, the siblings allowed Herman to purchase the premises by offering a contract of sale to his wife, whom he claimed would be able to obtain a mortgage if the contract was in her name. FanFan failed to close on the premises within the 120 days provided for, or anytime thereafter, but continued living there. Shirley claimed she already complied with the 2013 stipulation and 2014 order, but FanFan failed to timely comply. The court agreed noting the right to purchase belonged to Herman, and now that he was deceased, there was no reservation that his estate, or FanFan personally, had the right to purchase the premises in 2017 at a stipulated 2013 price. Thus, FanFan’s motion was denied.