ESTATE OF SADIE SIMMONS, Deceased

ESTATE OF SADIE SIMMONS, Deceased (16/2717) — In this contested probate proceeding by the decedent's daughter who is the sole beneficiary under the propounded instrument dated August 1, 2014, a grandson who is one of the decedent's seven grandchildren/greatgrandchildren who filed objections to the propounded instrument, has now filed objections to the proponent's application for preliminary letters testamentary, to which the proponent replied.

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ESTATE OF SADIE SIMMONS, Deceased (16/2717) — In this contested probate proceeding by the decedent’s daughter who is the sole beneficiary under the propounded instrument dated August 1, 2014, a grandson who is one of the decedent’s seven grandchildren/greatgrandchildren who filed objections to the propounded instrument, has now filed objections to the proponent’s application for preliminary letters testamentary, to which the proponent replied.

The decedent died on July 29, 2015. Her distributees are the proponent daughter who lives in North Carolina, and seven grandchildren and great grandchildren who are the issue of two predeceased daughters, five of whom live in the Bronx. The objections allege lack of due execution, lack of testamentary capacity, fraud and undue influence, and demand a jury trial. The primary estate asset is the decedent’s home located in the Bronx where one of the objecting granddaughters, against whom the estate allegedly has a $6,000 claim, is living with her boyfriend, daughter and infant grandson as well as other adults who appear to be strangers to the estate. The documents annexed to the papers reveal that the granddaughter and other adults at the realty have not been paying rent or use and occupancy, and have not contributed to water bills, taxes or general maintenance for the property except for one $600 payment in December, 2016, notwithstanding a December 12, 2016 letter from the granddaughter to the proponent, in response to the proponent’s entreaties, stating she would pay $600 per month toward property tax and home owners’ insurance from that date forward. As a result, the application for preliminary letters indicates that “one of the objectants has been residing in the decedent’s residential property without authority and without paying real estate taxes or rent” and the letters are needed in order to gain access and protect the realty and other assets.

ESTATE OF SADIE SIMMONS, Deceased

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