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ESTATE OF ARON BERGMAN, Deceased. (0735/B/11) — Two proceedings are at issue in this motion by Jolanta Zebrowska, the nominated executor under decedent Aron Bergman’s will: a turnover proceeding, brought against her by certain members of decedent’s family, who were appointed temporary administrators for the purposes of pursuing such a proceeding, and a proceeding brought by Zebrowska seeking to probate a July 10, 2010 will of the decedent, to which several family members objected. Under the will, Zebrowska, described as a “friend and caretaker” of the decedent, was given a brokerage account the decedent maintained at Charles Schwab. The rest of decedent’s estate was left to his family.

Previously, summary judgment motions in both proceedings resulted in a joint decision by then Surrogate Glen (see Matter of Bergman, NYLJ, Oct. 29, 2012, 1202576305790, at *1 [Sur Ct, New York County, Decided October 18, 2012, File No. 2011-0735]). In the turnover proceeding, Zebrowska was directed to turn over to the temporary administrators $240,580 plus interest (id.). In the probate proceeding, the objections to probate were dismissed since no question of fact was raised by the evidence presented (id.). Before that decision was issued, the court inquired whether Zebrowska intended to pay the amounts ordered to be turned over from some source other than the Schwab account that was given to her in decedent’s will. Because she was not going to pay them from some other source, the decision directed that the assets in the Charles Schwab account be used to satisfy the turnover order.

 
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