ESTATE OF ISABEL RIVERA, A/K/A ISABEL CRUZ Deceased.

ESTATE OF ISABEL RIVERA, A/K/A ISABEL CRUZ Deceased. (1753/12) — This is a contested probate proceeding brought by Harold M. Nunez (the proponent), seeking to admit to probate a written instrument dated February 17, 2009 (the propounded instrument), as the last will and testament of Isabel Rivera a/k/a Isabel Cruz (the decedent). The decedent died on March 7, 2012, survived by her son Ricardo Cruz ("Cruz"), and the children of her pre-deceased daughter Magdalena Cruz, namely Melissa Rodriguez ("Rodriguez") and the proponent herein. According to the propounded instrument, the decedent left the entirety of her estate to the proponent. The estate's assets include a fifty percent interest in a parcel of real property located on Bergen Street in Brooklyn. Cruz owns the remaining fifty percent of said property, which was conveyed to him by the decedent in 2008.

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ESTATE OF ISABEL RIVERA, A/K/A ISABEL CRUZ Deceased. (1753/12) — This is a contested probate proceeding brought by Harold M. Nunez (the proponent), seeking to admit to probate a written instrument dated February 17, 2009 (the propounded instrument), as the last will and testament of Isabel Rivera a/k/a Isabel Cruz (the decedent). The decedent died on March 7, 2012, survived by her son Ricardo Cruz (“Cruz”), and the children of her pre-deceased daughter Magdalena Cruz, namely Melissa Rodriguez (“Rodriguez”) and the proponent herein. According to the propounded instrument, the decedent left the entirety of her estate to the proponent. The estate’s assets include a fifty percent interest in a parcel of real property located on Bergen Street in Brooklyn. Cruz owns the remaining fifty percent of said property, which was conveyed to him by the decedent in 2008.

By Notice of Motion dated August 21, 2012, Cruz and Rodriguez brought a pre-objection discovery motion seeking to compel document production from the proponent, which the proponent agreed to produce, in accordance with a stipulation dated September 4, 2012. SCPA §1404 examinations were held and objections were filed by Cruz and Rodriguez (collectively, the objectants) on January 15, 2013, wherein they allege, inter alia, that the will was procured by fraud and is the product of undue influence practices on the decedent by the proponent. By motion¹ returnable August 20, 2013, the objectants seek to compel production of a copy of the proponent’s driver’s license and passport, and copies of bank statements of the proponent’s personal banks accounts. By stipulation dated August 20, 2013, the objectants have withdrawn that portion of the motion seeking production of the proponent’s driver’s license and passport, as said items have already been produced by the proponent. The remaining issue before the Court is whether or not the proponent’s personal bank account statements are discoverable.

ESTATE OF ISABEL RIVERA, A/K/A ISABEL CRUZ Deceased.

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