Surrogate Robert Gigante
In this contested probate proceeding, objections were filed to compel petitioner to comply with a notice to produce which sought numerous bank, checking and brokerage account statements, checks, wire transfer and deposit slips for all financial institutions for Barbara and Christy Cugini. Objectant asserted the financial records would corroborate that Barbara and Christy misappropriated and stole money from decedent and these transactions evidenced the influence and control held over decedent. The court found the records relating to the transactions from decedent’s accounts were relevant to show the opportunity and motive by the beneficiaries to exercise undue influence on decedent, and may shed light on the testator’s relationship with the beneficiaries. It noted while disclosure of financial records was disfavored, it has been permitted where the "high duty of conduct" of a fiduciary was at issue, as here, where Christy was the nominated executor. Thus, Christy’s actions in regard to decedent’s accounts were relevant as to the allegations of his exerting undue influence over his mother, and may also shed light on his conduct as a fiduciary. Thus, objectant’s motion to compel was granted.
