ESTATE OF PHILIP A. FRIEDMAN, Deceased

ESTATE OF PHILIP A. FRIEDMAN, Deceased. (11/2926/G) — Two crosspetitions are presently before the court in this probate proceeding in the estate of Philip A. Friedman. Decedent died on June 28, 2011, at the age of 83, leaving an estate worth several hundred thousand dollars. Both of the competing pleadings seek probate of the same instrument, which was purportedly executed on April 5, 2011. In their requests for relief, the pleadings differ only to the extent that one — the petition by which the probate proceeding was commenced — asks for appointment of petitioner as executor, whereas the other — a cross-petition by one of decedent's three daughters — asks for issuance of letters of administration c.t.a. to cross-petitioner.

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ESTATE OF PHILIP A. FRIEDMAN, Deceased. (11/2926/G) — Two crosspetitions are presently before the court in this probate proceeding in the estate of Philip A. Friedman. Decedent died on June 28, 2011, at the age of 83, leaving an estate worth several hundred thousand dollars. Both of the competing pleadings seek probate of the same instrument, which was purportedly executed on April 5, 2011. In their requests for relief, the pleadings differ only to the extent that one — the petition by which the probate proceeding was commenced — asks for appointment of petitioner as executor, whereas the other — a cross-petition by one of decedent’s three daughters — asks for issuance of letters of administration c.t.a. to cross-petitioner.

Reference to the terms of the propounded instrument indicates that it only arguably disposes of any property. But that is not the only problematic aspect of the parties’ competition as to which of them should carry out the terms of the instrument if and when it is probated. Two facts suggest that there is also a problematic aspect to the appointment issue per se. First, although petitioner seeks to serve as executor pursuant to her nomination in the instrument, a decision of this court removed her for cause as preliminary executor of this estate (see Matter of Friedman, NYLJ, Jan. 13, 2012, at 23, col 4). Second, although cross-petitioner seeks appointment as a fiduciary of the estate, she is neither a nominated fiduciary nor a beneficiary under the instrument for which she seeks probate (but see SCPA 1418) and, indeed, she had objected to probate, withdrawing her objections only incident to her filing of the instant cross-petition.

ESTATE OF PHILIP A. FRIEDMAN, Deceased

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