ESTATE OF ELIZABETH LEMON, Deceased

ESTATE OF ELIZABETH LEMON, Deceased. (07/1317/A) — Movant Carol Lemon is petitioner in this proceeding to compel the executor of the estate of Elizabeth Lemon to provide her with information about the estate and to make an advance distribution to her (SCPA §2102), and objectant in the accounting proceeding brought by the executor, Charles Lemon. The two proceedings have been consolidated (Matter of Lemon, #2007-1317/A, N.Y.L.J. 8/20/16 at 26, col 3) and are scheduled for trial to commence on January 26, 2016. Movant seeks summary judgment on her entitlement to immediate relief in the form of an advance distribution from the estate and the production of certain documents.

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ESTATE OF ELIZABETH LEMON, Deceased. (07/1317/A) — Movant Carol Lemon is petitioner in this proceeding to compel the executor of the estate of Elizabeth Lemon to provide her with information about the estate and to make an advance distribution to her (SCPA §2102), and objectant in the accounting proceeding brought by the executor, Charles Lemon. The two proceedings have been consolidated (Matter of Lemon, #2007-1317/A, N.Y.L.J. 8/20/16 at 26, col 3) and are scheduled for trial to commence on January 26, 2016. Movant seeks summary judgment on her entitlement to immediate relief in the form of an advance distribution from the estate and the production of certain documents.

In her motion papers and at the call of the calendar, the movant indicated a dire need for immediate funds. In view of the impending trial, the need for information is warranted. The executor’s attorney was directed to file a response forthwith, and it does not present any information suggesting that the estate will be harmed by a distribution of $25,000 to the movant at this time. The executor identifies some outstanding estate liabilities, some of them are contested by movant. Even if all are claims against the estate are valid, there is sufficient cash on hand, as reflected in the most recent bank statement, to permit an advance distribution. Indeed, the estate’s cash position will be improved by the sale of the estate’s one-half interest in a parcel of improved real estate in Manhattan, which the executor’s counsel avers is finally being marketed for sale after the settlement of a partition action with the co-owner.

ESTATE OF ELIZABETH LEMON, Deceased

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