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Estate of Pepe

Sibling Objectants Granted Summary Judgment, Disqualify Brother From Serving as Executor

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*1  In this probate proceeding by a son of the decedent who is the nominated executor, Michael, amended verified objections were filed and served by three other children, the decedent’s only other distributees, including a son, Steven, who is the nominated successor executor under the propounded instrument dated May 5, 1993. On a court conference date following the filing of the original objections, the parties entered into a written stipulation which provides that after the filing of a reply to the amended objections, the matter is to be treated as a motion for summary judgment on the papers, with Michael to serve and file an answer/reply by December 15, 2017. That time has now passed, without any answer/reply being served and filed. The decedent died on May 27, 2014. Her distributees are four children, including the proponent and objectant, all of whom are equal beneficiaries and equal specific devisees under the propounded instrument. The petition alleges there are estate assets consisting of a two-family home

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