ESTATE OF RICHARD SCOTT, Deceased

ESTATE OF RICHARD SCOTT, Deceased (11/157/D) — In this contested proceeding to judicially settle the account of the administrator, a daughter of the decedent, amended pro se objections to the account were filed by the decedent's other daughter and only other distributee, who objects to the account, including attorneys fees and commissions. The parties thereafter agreed on the record and in open court, to submit the account and the objections thereto for a decision on the papers and the objecting daughter was given time to file additional documents. Thereafter, the petitioner requested a hearing on the attorneys' fees paid. Accordingly, upon the consent of the parties, the objections to the account, except for objections as to attorneys' fees, will be determined as a motion for summary judgment.

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ESTATE OF RICHARD SCOTT, Deceased (11/157/D) — In this contested proceeding to judicially settle the account of the administrator, a daughter of the decedent, amended pro se objections to the account were filed by the decedent’s other daughter and only other distributee, who objects to the account, including attorneys fees and commissions. The parties thereafter agreed on the record and in open court, to submit the account and the objections thereto for a decision on the papers and the objecting daughter was given time to file additional documents. Thereafter, the petitioner requested a hearing on the attorneys’ fees paid. Accordingly, upon the consent of the parties, the objections to the account, except for objections as to attorneys’ fees, will be determined as a motion for summary judgment.

The decedent died on January 11, 2011 and a decree was entered providing for the issuance of letters to the administrator upon her posting a bond in the penal sum of $125,000. Subsequently, the administrator filed an affidavit amending her petition requesting a reduction in the amount of her bond to $63,000, and an order was signed reducing the bond requirement to that amount. It should be noted that the petitioner did not originally include the objectant daughter as a distributee of the estate, and it was only after the objectant filed a cross petition and established that she was a distributee of the estate pursuant to DNA testing, that the petitioner recognized her as a distributee. The objectant alleges that in fact the petitioner knew she was decedent’s daughter based on DNA testing conducted prior to the decedent’s death and the petitioner caused the estate to incur unnecessary expenses because of additional testing.

ESTATE OF RICHARD SCOTT, Deceased

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