ESTATE OF WILLIAM D. MODELL, Deceased

ESTATE OF WILLIAM D. MODELL, Deceased, (350478) — In this proceeding pursuant to SCPA 2103 to compel the turnover of property, before the court is a motion by Leslie Modell and Shawn Modell for permission to intervene.

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ESTATE OF WILLIAM D. MODELL, Deceased, (350478) — In this proceeding pursuant to SCPA 2103 to compel the turnover of property, before the court is a motion by Leslie Modell and Shawn Modell for permission to intervene.

The decedent William D. Modell was survived by his wife Shelby Modell, a son Mitchell, a daughter Leslie, and three grandchildren, the issue of a predeceased son Michael. The decedent’s will was admitted to probate on April 4, 2008 and letters testamentary issued to Shelby Modell and petitioner Charles A. Lubitz on that same day. The will leaves the decedent’s tangible personal property to Shelby and the entire residuary estate to trusts for Shelby’s lifetime benefit. Of these, there is a credit shelter trust which provides for income payments to Shelby at least quarter annually. The decedent’s issue are all permissive sprinkle beneficiaries of the principal of the trust. Leslie is the presumptive remainder beneficiary and Shawn is the contingent remainder beneficiary. There is also a generation-skipping transfer tax trust which also provides for income payments to Shelby at least quarter annually. After Shelby’s death, the trust continues for the lifetime benefit of Leslie, with the remainder payable to her issue, Shawn being the only member of that class at present. A remainder trust also provides for Shelby’s lifetime benefit, then for Leslie’s lifetime benefit, with the remainder payable to Leslie’s issue. Thus, the decedent’s will provides for Shelby during her lifetime and Leslie and her family after Shelby’s death, to the exclusion of the decedent’s son Mitchell and the issue of decedent’s predeceased son Michael.

ESTATE OF WILLIAM D. MODELL, Deceased

ESTATE OF WILLIAM D. MODELL, Deceased, (350478) — In this proceeding pursuant to SCPA 2103 to compel the turnover of property, before the court is a motion by Leslie Modell and Shawn Modell for permission to intervene.

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