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Matter of Estate of Arthur

Administrator Granted Leave to File Fifth Amendment to Probate Petition Found Necessary

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*1  In this contested probate proceeding, the temporary administrator, David A. Caraway, Esq, moves for leave, pursuant to CPLR 3025(b), to file a fifth amendment to his probate petition in order to identify two paternal first cousins, as decedent’s sole distributees. Mr. Caraway also asks the court to strike opposing pleadings by Pamela Green, decedent’s purported maternal first cousin once removed based on lack of standing. Mr. Caraway argues that, since Ms. Green’s interest in the estate depends on her status as a distributee, she lacks standing in this probate proceeding, where decedent was survived by relatives of a closer degree.Ms. Green filed opposition to so much of movant’s application that seeks to strike her pleadings. She argues that such relief is premature pending a kinship hearing to determine the status of the two newly identified individuals. Ms. Green also contends that even if these two individuals establish themselves to be first cousins and distributees on the paternal side, her standing will not be divested, because she is related to decedent, albeit more remotely, on the maternal side.Decedent died on February 14, 2011. On November 7, 2012, Mr. Caraway, as nominated successor executor, filed a petition to probate a lost will purportedly executed by decedent on August 13, 2002. Mr. Caraway sought letters testamentary after the nominated executor renounced his right to serve.Based on information given by the informant on decedent’s death certificate and from Mr. Caraway’s preliminary kinship investigation, the initial probate petition excluded spouse, children, parents and siblings, as possible heirs. The petition left open the question of whether decedent’s

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