ESTATE OF NORMAN G. WENNAGEL FAMILY TRUST. (12/4341/D) — Before the court is a motion, filed by petitioner in captioned contested accounting proceeding, to amend her pleading. The motion is opposed by objectant in the accounting proceeding. For the reasons set forth herein, the motion is denied.
Petitioner seeks leave to amend her accounting as she asserts that she recently discovered evidence material and necessary to settle her account, specifically a guaranty signed by decedent related to a mortgage satisfied by funds of the trust. Petitioner states that she bought real property in North Bellmore, New York, in 2004. That property currently houses the “Walk in Love for Jesus Church,” a church that she founded in 1998. This purchase was financed by two mortgages, the first with Continental Mortgage Bankers, dba Financial Equities, in the amount of $495,000, and the second with Brian Norris, an individual, in the amount of $45,000. Petitioner asserts that the grantor of the captioned trust, Norman Wennegal, signed a guaranty of the second mortgage and that guaranty provided for certain “events” that would cause the loan to be immediately due and payable by Mr. Wennegal as guarantor. Petitioner also states that she believed there may have been another guaranty signed by Mr. Wennegal for the first mortgage but that after a search of that bank’s file, she was unable to produce one. Petitioner asserts that this newly found guaranty constitutes a debt of decedent and seeks to amend her accounting to include same in schedule C of her account. Petitioner has attached to her motion a copy of the guaranty, her proposed amended account which she points out in her motion contains changes to Schedule C as well as additional proposed changes to update the schedules related to income and administrative expenses.