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Estate of Gnatzy

Grandson Granted Preliminary Letters Testamentary Another Denied Administrator Appointment

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*1 In these contested applications for temporary letters of administration and preliminary letters testamentary in the estate of Myrna Gnatzy, each of decedent’s grandsons seek appointment as fiduciary, claiming the other is unfit to serve.Myrna Gnatzy died on August 3, 2017, survived by a son, Joseph Aviles, and the two petitioners here, decedent’s grandsons, Rene and Adam Aviles. Under a will and codicil, dated March 21, 2012 and December 12, 2012, respectively, decedent made a $5,000 pre-residuary bequest to Joseph and provided for her residuary estate to be distributed as it would be in intestacy, i.e., 50 percent to Joseph, 25 percent to Adam, and 25 percent to Rene. Shortly after decedent’s death, Adam, the nominated executor, sought to administer the estate under SCPA Article 13, which authorizes the appointment of a “voluntary administrator” in estates with personal property valued at $30,000 or less [SCPA §1301[1]).

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