ESTATE OF CHAIM WEISBERG, Deceased

ESTATE OF CHAIM WEISBERG, Deceased (3470/12) — Presently before the court are competing applications for letters of administration (and related relief) in the estate of Chaim Weisberg, who died on August 29, 2012. Petitioner is decedent's sister, as designee of his mother (who claims to be his sole distributee). Cross-petitioner is an individual who also claims to be decedent's sole distributee, allegedly as his wife. From the contested pleadings, oral argument at the calendar, and a court conference following the calendar, it is clear that significant time will likely pass before the court can determine the alleged wife's status. Because decedent's assets should be marshaled and protected without further delay, issuance of letters of temporary administration to a fiduciary appears to be warranted at this juncture (SCPA 901[1]). It is noted that allegations in cross-petitioner's objections to the petition indicate that one or both sides may have a want of understanding as to the propriety or impropriety of dealing with matters of a decedent during the period preceding appointment of a fiduciary for his estate. In any event, in view of the uncertainty of each party's claim to be next of kin, compounded by the parties' patently strong hostility to one another, appointment of a neutral person as such a fiduciary also appears to be appropriate. Accordingly, in the exercise of this court's discretion (see Matter of Fiegener, NYLJ, May 10, 1989, at 27, col 5[Kings County]), the court directs that letters of temporary administration issue to the Public Administrator.

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ESTATE OF CHAIM WEISBERG, Deceased (3470/12) — Presently before the court are competing applications for letters of administration (and related relief) in the estate of Chaim Weisberg, who died on August 29, 2012. Petitioner is decedent’s sister, as designee of his mother (who claims to be his sole distributee). Cross-petitioner is an individual who also claims to be decedent’s sole distributee, allegedly as his wife. From the contested pleadings, oral argument at the calendar, and a court conference following the calendar, it is clear that significant time will likely pass before the court can determine the alleged wife’s status. Because decedent’s assets should be marshaled and protected without further delay, issuance of letters of temporary administration to a fiduciary appears to be warranted at this juncture (SCPA 901[1]). It is noted that allegations in cross-petitioner’s objections to the petition indicate that one or both sides may have a want of understanding as to the propriety or impropriety of dealing with matters of a decedent during the period preceding appointment of a fiduciary for his estate. In any event, in view of the uncertainty of each party’s claim to be next of kin, compounded by the parties’ patently strong hostility to one another, appointment of a neutral person as such a fiduciary also appears to be appropriate. Accordingly, in the exercise of this court’s discretion (see Matter of Fiegener, NYLJ, May 10, 1989, at 27, col 5[Kings County]), the court directs that letters of temporary administration issue to the Public Administrator.

ESTATE OF CHAIM WEISBERG, Deceased

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