Matter of Walsh Jr.
Brother Denied Petition to Remove Decedent's Ex-Wife as Estate Administrator
August 30, 2017 at 12:00 AM
2 minute read
Surrogate Stacy Pettit
Decedent's ex-wife, Nadine, moved for dismissal of decedent's brother John's proceeding to remove her as estate administrator. John identified himself as an estate creditor as he paid funeral and cremation expenses–but was informed he lacked standing to receive letters of administrator. Nadine, the infant distributee's mother, listed a property on her petition as decedent's asset but failed to include funeral expenses. She was told she lacked standing also but subsequently received letters as guardian of the property of the infant. John argued Nadine was not qualified to act as administrator as she omitted the funeral expenses from her petition and that her separation agreement with decedent precluded her from acting as administrator. The court stated Nadine's appointment as guardian was not based on her relationship with decedent, but on her status as the infant's natural parent. Also, her appointment as administrator was not based on her relationship with decedent, but on her status as the guardian of the property of the infant distributee. As the separation agreement did not preclude same, Nadine's failure to inform the court of the agreement did not constitute a false suggestion of material fact. Her omission of funeral expenses was immaterial and John's petition was denied.
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