In this proceeding, petitioner and co-executor Valerie Calvin, at the behest of a title company, seeks the removal of Rose Calvin (Rose) as co-executor and for Letters Testamentary to issue solely in the name of Valerie Calvin (Valerie). Co-Letters Testamentary were issued to Valerie and Rose on February 14, 2012, upon the probate of decedent’s will. Rose died on December 16, 2018. The Letters granted by the Court to Valerie are conclusive evidence of her authority to marshal and administer the assets of the estate until either: i) the decree granting them is reversed, or ii) the letters are suspended, modified or revoked by the Court (SCPA 703). Despite the death of Rose, Valerie not only continues to have that authority, but is obligated, as a fiduciary, to continue administering the Estate pursuant to the letters that have been granted (SCPA 706). Upon review of the papers submitted, it appears that the petitioner’s efforts to sell the decedent’s real property, as directed by the decedent’s last will and testament, are being unlawfully impeded by a title company that is insisting the Court issue new letters because of the death of a co-executor. The law unambiguously provides that the petitioner has full authority, upon the presentation of her co-executor’s death certificate, to act as sole fiduciary in adherence with her obligations as executor of the estate. It is not this Court’s duty to honor the variable whims, private regulations or irrelevant desires of third parties transacting business with its duly appointed fiduciaries. Rather, it is the obligation of such entities to obey the governing statutes, as well as the orders of the Surrogate’s Court, to ensure the timely administration of estates. The failure to recognize Veronica’s authority is unwarranted and the Court refuses to process an unnecessary proceeding simply to accommodate counsel’s involuntary role as puppet in this title company’s marionette show. Accordingly, the petition is denied entertainment, as Veronica, upon presentation of a death certificate and current certification of letters, is legally authorized to transfer title to the subject real property. Failure to recognize such authority may lead to appropriate sanctions. This is the decision and order of the Court. Dated: February 23, 2024
