ESTATE OF MARIE M. DESANTIS, Deceased

ESTATE OF MARIE M. DESANTIS, Deceased (P-475/05/L/M/N) — This proceeding is one of a number of contentious matters among the family members since the decedent's death in 2005. The latest feud is between the Petitioner herein, Danielle DeSantis- Libretti, decedent's grand-daughter, and her father, Steven DeSantis, the Respondent. Danielle has petitioned this Court to remove her father, as Trustee and instead appoint Laura A. DeSantis, the named successor Trustee in the Decedent's will. A hearing was held on October 21, 2013 before the Surrogate to determine whether Steven DeSantis should be removed as Trustee, at the conclusion of which, the Court ruled from the Bench, determining that the Respondent did in fact breach his fiduciary obligation for his failure to keep accurate records, for co-mingling funds and for self dealing, each separately grounds for removal. The Court also indicated that a written Decision and Order would follow.

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ESTATE OF MARIE M. DESANTIS, Deceased (P-475/05/L/M/N) — This proceeding is one of a number of contentious matters among the family members since the decedent’s death in 2005. The latest feud is between the Petitioner herein, Danielle DeSantis- Libretti, decedent’s grand-daughter, and her father, Steven DeSantis, the Respondent. Danielle has petitioned this Court to remove her father, as Trustee and instead appoint Laura A. DeSantis, the named successor Trustee in the Decedent’s will. A hearing was held on October 21, 2013 before the Surrogate to determine whether Steven DeSantis should be removed as Trustee, at the conclusion of which, the Court ruled from the Bench, determining that the Respondent did in fact breach his fiduciary obligation for his failure to keep accurate records, for co-mingling funds and for self dealing, each separately grounds for removal. The Court also indicated that a written Decision and Order would follow.

The Decedent created a Trust for the benefit of the Petitioner. For brevity’s sake the background history will not be recited in this decision. In 2006, the Respondent was appointed as Trustee. In July of 2011, the Petitioner sought to remove her father as Trustee because the Petitioner alleges that he mismanaged the Trust, often for his own benefit. The Respondent denies any wrongdoing. The corpus of the Trust is real property located at 316- 320 Kings Street, Staten Island, New York, which consists of four rental properties that the fiduciary manages.

ESTATE OF MARIE M. DESANTIS, Deceased

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