Before the court is a petition pursuant to SCPA §2102 (1) to require the trustee of a revocable trust to supply information concerning the assets and affairs of the now deceased grantor. Respondents filed a motion to dismiss the petition on the ground that petitioner lacks the legal capacity to seek such relief (CPLR §3211 [a] [3]).FACTUAL BACKGROUNDDecedent died on December 15, 2013, survived by four children: her son (petitioner) and three daughters (respondents). On February 12, 2013, decedent created the “Ruth Fread Revocable Trust” (the “Trust”), to which she ultimately transferred the majority of her assets. The decedent was the trustee of the Trust during her lifetime. Her daughter, Amy Fread, is the successor trustee.Decedent created several trusts, including the instant Trust. Although he is a beneficiary under other trusts, petitioner was not named as a beneficiary under the subject Trust. “Article v. (B) PROVISION FOR RICHARD FREAD” of the Trust indenture provides, “the Grantor has made no provision for her son, RICHARD FREAD, because he is adequately cared for by gifts and bequests made outside of this Trust and his other assets.”On April 15, 2015, petitioner, through counsel, sent a letter to the trustee stating that although it was petitioner’s understanding that he was not a beneficiary under the Trust, he had “certain questions concerning the circumstances under which the Trust, or any other Fread family trust excluding our client as beneficiary, came into existence and the extent of assets deposited into each such trust.”On May 11, 2015, the former attorney for the successor trustee sent a letter to petitioner’s attorney and explained that, “Mr. Fread has received his pro-rata share” of the assets of the two Fread family trusts that named petitioner as a beneficiary and that, “[m]y clients do not believe that there is any additional information that Mr. Fread is entitled to.” In a letter to petitioner’s former attorney, dated February 3, 2014, the successor trustee’s former attorney stated, “Richard is not a beneficiary under any other trusts or wills created by his parents.”In the instant petition, petitioner states he, “has questions concerning the legitimacy of his putative exclusion from Decedent’s testamentary plan including, without limitation, whether Decedent validly created the Fread Revocable Trust.” Respondents filed the instant motion to dismiss the petition pursuant to CPLR 3211 (a) (3), alleging lack of standing.DISCUSSIONPetitioner brings this proceeding pursuant to SCPA §2102 (1), which requires a fiduciary to, “supply information concerning the assets or affairs of an estate relevant to the interest of the petitioner when the fiduciary has failed after request made upon him in writing therefor.” To establish standing, a petitioner must show he has a legal stake in the outcome of the litigated matter (Saratoga County Chamber of Commerce v. Pataki, 100 NY2d 801 [2003]).The purpose of SCPA 2102 (1) is to allow a person to obtain information that is relevant to his interest in a decedent’s estate. Here, petitioner is not a beneficiary of the Trust. Nor is he acting in a fiduciary capacity that would give him the authority to commence a discovery proceeding against the successor trustee. Petitioner has no legally protectable interest in the Trust property, and he therefore lacks the requisite standing to seek such relief.Although petitioner alleges he seeks information to determine whether decedent validly created the Trust, SCPA 2102(1) is not the proper vehicle. Accordingly, the motion to dismiss is granted.This decision constitutes the order of the court.Dated: February 22, 2019
