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Estate of Sanders

Executor Denied Assessment of Legal Fees, Costs Solely Against Defaulting Beneficiary

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*1In this uncontested proceeding, the executor, one of the decedent’s sons, seeks to judicially settle his account and, inter alia, requests statutory commissions and a reduction of $3,780 from the distributive share of Twinette Thompson, one of the decedent’s daughters and a one-fifth testamentary beneficiary, for the costs incurred in bringing this application. The executor contends that the deduction is warranted because of that daughter’s refusal to consent to an informal account. Consents were filed by three other daughters, while the daughter against whom the reduction is sought defaulted. The decedent died on December 18, 2012 and his will dated January 18, 2010 was admitted to probate by decree dated April 12, 2016. His distributees are the petitioner and four daughters, all of whom are equal residuary beneficiaries, as well as another son who is not a testamentary beneficiary and not cited herein. Previously, this court granted the

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