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ESTATE OF MILTON RATTNER, Deceased

ESTATE OF MILTON RATTNER, Deceased (3427/12) — Petitioners Dawn and Bambi Rattner, decedent's daughters by a prior marriage, seek preliminary letters to probate a Last Will and Testament executed by decedent on August 1, 2006, despite the existence of two later wills, executed in 2008 and 2009 respectively. Ruth K. Rattner, decedent's surviving spouse, filed a cross petition for Letters of Administration CTA for the latest will, executed on January 13, 2009.

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ESTATE OF MILTON RATTNER, Deceased (3427/12) — Petitioners Dawn and Bambi Rattner, decedent’s daughters by a prior marriage, seek preliminary letters to probate a Last Will and Testament executed by decedent on August 1, 2006, despite the existence of two later wills, executed in 2008 and 2009 respectively. Ruth K. Rattner, decedent’s surviving spouse, filed a cross petition for Letters of Administration CTA for the latest will, executed on January 13, 2009.

Based on the conflicting claims made by the daughters and the surviving spouse, the fact that specific, relevant facts were omitted from the pleadings, the lack of sworn allegations by persons with direct knowledge, and the fact that six months have passed since decedent’s death, the court directs preliminary letters on the latest will issue to the Public Administrator. (Estate of Scamardella, 169 Misc. 2d 55, affm’d, 238 A.D. 2d 513 (2nd Dept 1997); (see also Estate of Kalichman, 31 A.D. 3d 1089 ([3rd Dept 2006]).

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