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Will of Fotopoulos, 157/2005

Jurisdiction Acquired Over All Necessary Parties; Court Dismisses Objectant's Entire Petition

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Judge Surrogate Berliner

ESTATE OF HARRY C. FOTOPOULOS—In this contested probate proceeding, the objectant, Irene Fotopoulos, has moved by order to show cause for an order of this court requiring an additional amendment of the second amended petition for probate, filed February 6, 2006, and requiring that citations issue to Dion Fotopoulos, Leo Fotopoulos, and Dimitrios H. Fotopoulos, three of decedent’s sons. Objectant maintains that jurisdiction is not complete in this proceeding. She argues that the three above-named individuals are adversely affected under SCPA §1403 by the probate of the propounded instrument as a result of the filing of a prior will, dated February 2, 1988, of decedent. Objectant also argues that the supplemental citation issued under the second amended petition “failed to satisfy minimal notice requirements of procedural due process” because it failed to specifically advise Vera Alexandria Fotopoulos, Sophia Biraglia, John Denning and Dennis Kallivokas that they “may be adversely affected” by the propounded will. Furthermore, she contends that the citation should state that a copy of the prior will is attached. Finally, objectant argues that it is also a jurisdictional defect that the preliminary executor, the petitioner in this probate matter, “failed to disclose his confidential attorney-client relationship” with the decedent. The preliminary executor opposes the motion.

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