New York Probate Lawyer Blog
In order to effectively handle a decedent’s estate, an executor or administrator needs to be appointed. The New York Probate Lawyer Blog has published many articles regarding the appointment of fiduciaries such as administrators, trustees, and executors.
Where a person dies with a Last Will and Testament, it is necessary to go through the probate process in the Surrogate’s Court to obtain the appointment of an executor. This requires the filing of a petition for probate along with numerous additional documents containing essential information. When a Will is admitted to probate, the nominated executor receives Letters Testamentary.
In situations where a person dies intestate without leaving a Will, a Petition for Letters of Administration is filed with the Surrogate’s Court. The persons entitled to receive Letters of Administration are typically a decedent’s closest heirs, referred to as distributees. Surrogate’s Court Procedure Act Section 1001 entitled “Order of priority for granting letters of administration” provides the order of priority for issuance of administration letters.
According to the SCPA and the Estates, Powers and Trusts Law (EPTL) the Court can disqualify persons from acting as estate fiduciaries. Letters of Administration and Letters Testamentary can be revoked by the Court based upon various grounds. SCPA Sections 719 and 711 provide the various bases for revocation or suspension. Some of these grounds are very obvious, such as SCPA 711(b) which provides for revocation if a fiduciary lacks qualifications due to dishonesty, substance abuse, lack of understanding or is generally unfit to serve.
The situations which arise where a fiduciary should be terminated are varied. A petition can be filed with the Surrogate’s Court asking for a fiduciary to be replaced. Of course, the Court requires very specific proof before it will revoke a fiduciary’s authority. An interesting Brooklyn estate case was recently the subject of a decision by Brooklyn Surrogate Bernard J. Graham on December 16, 2024. In Estate of Nannie Scott, Ruth Cohen, a real estate professional, had taken it upon herself to contact an elderly person (Jean Scott) living in a nursing home, who was the sole distributee of an estate. Ms. Cohen, who had no connection to the estate, arranged for Ms. Scott to sign a waiver and designation for Ms. Cohen to become the administrator of the decedent’s estate. Although Ms. Scott was living in a nursing home and was suffering from dementia, Ms. Cohen did not include this information in the Court petition. After Ms. Cohen was appointed as administrator, the Surrogate learned about the background of the case and the appointment. After a hearing, the Court revoked Ms. Cohen’s letters, having found that they were obtained based upon false information and material misrepresentations.
The appointment of an estate representative and the revocation of such appointment can be complicated. The assistance of an experienced estate lawyer can be essential. I have been representing clients in estate cases for over forty (40) years. Do you have an estate or guardianship question? Call Me Now for a free confidential review of your estate matter. We offer reasonable and flexible fee arrangements and personal representation.
New York Trusts and Estates Attorney Jules Martin Haas has helped many clients over the past 40 years resolve issues relating to guardianship and probate and estate settlement throughout New York City including the Bronx, Queens, Brooklyn, Manhattan, Nassau and Suffolk County. If you or someone you know has any questions regarding these matters, please contact me at (212) 355-2575 for an initial free consultation.