ESTATE OF CHARLES A. VAN PATTEN, Deceased

ESTATE OF CHARLES A. VAN PATTEN, Deceased. (88/2966.2) — Two motions in a contested accounting proceeding are before the court. One is a motion to dismiss objections; the second is a motion to amend objections, which if granted would render the former motion moot. The genesis of these motions is a trust created by Charles Van Patten under his will which has been admitted to probate. Decedent named his son, Philip Van Patten ("Philip"), as one of the lifetime income beneficiaries of the trust and named Manufacturers Hanover Bank (now JPMorgan Chase, N.A.) as trustee. Philip died on December 25, 2007, leaving a will which named his wife, Carol Van Patten ("Carol" or "objectant"), as his executor.

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ESTATE OF CHARLES A. VAN PATTEN, Deceased. (88/2966.2) — Two motions in a contested accounting proceeding are before the court. One is a motion to dismiss objections; the second is a motion to amend objections, which if granted would render the former motion moot. The genesis of these motions is a trust created by Charles Van Patten under his will which has been admitted to probate. Decedent named his son, Philip Van Patten (“Philip”), as one of the lifetime income beneficiaries of the trust and named Manufacturers Hanover Bank (now JPMorgan Chase, N.A.) as trustee. Philip died on December 25, 2007, leaving a will which named his wife, Carol Van Patten (“Carol” or “objectant”), as his executor.

JPMorgan Chase filed an accounting of the trust for the period June 3, 1988, through December 31, 2007, and a supplemental account through June 30, 2011. Carol, as executor of Philip’s estate, filed pro se objections to the accounting, which the trustee moved to dismiss on various grounds. By decision and order dated February 10, 2014, the court ruled that Carol could not prosecute objections pro se since her representation would implicate the interests of creditors of her husband’s estate and would constitute her practicing law without a license. Accordingly, the court ruled that Carol’s pro se objections would be dismissed unless she appeared by an attorney within thirty days of the service of the decision and order upon her. The type of service to be effectuated was not specified.

ESTATE OF CHARLES A. VAN PATTEN, Deceased

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