In this contested probate proceeding, wherein the parties are currently involved in pre 1404 discovery pursuant to a Stipulation of Discovery dated September 19, 2018, petitioner Gary W. Broughton has applied for Preliminary Letters. Respondents Elizabeth Gabriella Davis and Maryann Lagos oppose the granting of such letters. Oral argument solely on the issue of preliminary letters and/or the posting of a bond was heard on December 12, 2018.DISCUSSIONPetitioner argues that the preliminary letters are necessary to “marshal assets and to be able to pay costs of the administration of the estate and to pay taxes, utilities and costs involved in the upkeep of 23 Wheeling Avenue, Staten Island, New York 10309.”The petitioner further claims that the estate consists of personal property which consists of two vehicles in the amount of $7,638.00, three bank accounts at Citibank totaling $7,079.43, and real property located at 23 Wheeling Avenue, Staten Island, NY 10309 with an approximate value of $775,000.00. At this point in time, the petitioner does not seek the authority to sell the real property known as 23 Wheeling Avenue, Staten Island, NY 10309.The respondents request that the petitioner be bonded for the full amount of the decedent’s estate and to restrict the petitioner from transferring, disposing of, gifting, selling or encumbering any assets of the decedent without an application on notice to all interested parties to, and further Order of this Court.Upon hearing oral argument and the review of all papers submitted, the Court hereby determines that Limited Preliminary Letters shall issue to Gary W. Broughton.The letters shall provide the limited authority to:1. Marshal the assets of the decedent in the amount of $14,717.43 that petitioner has listed in his Affirmation in Partial Opposition to Respondents’ Affirmation of Urgency in connection with preliminary letters;2. Provide signed authorizations required for discovery pursuant to the discovery schedule dated September 19, 2018; and3. Preserve the premises known as 23 Wheeling Avenue, Staten Island, NY 10309.The preliminary executor is restricted from transferring, disposing of, gifting, selling or encumbering any real property or personal property owned by the decedent without an application on notice to all interested parties and further Order of this Court. These Letters shall remain in effect for six (6) months from the date of issuance.No distribution of assets is permitted pending the further Order of this Court, or until the admission of the Will to probate, and the issuance of Letters Testamentary. After reviewing the documents in support of the application, the Court dispenses with the filing of a bond at this time and reserves the right to require a bond at a later date if necessary.Pursuant to SCPA 1412(3)(b), the preliminary executor shall give notice to all parties who have appeared herein within ten (10) days of his appointment.This decision shall constitute the Order of this Court.Dated: January 28, 2019
