In this contested probate proceeding, the Court adhered to its prior decision and order of the Court dated April 23, 2019.Pursuant to the decision and order of the Court dated December 26, 2018, petitioner filed additional documents relevant to the cross-motion. The cross-motion then became ripe to determine.In the cross-motion, the respondent seeks the following relief:(1) pursuant to SCPA §1412(5) directing preliminary executor, Dorothy Sanguinedo to obtain and file a bond in the amount of $3,177,698.00, the estimated value of decedent’s probate assets based on preliminary executor’s affidavit to dispense with bond dated August 25, 2015;(2) pursuant to SCPA §1412(4) and SCPA §805(3) limiting and restricting the preliminary letters issued to preliminary executor Dorothy Sanguinedo by prohibiting the preliminary executor from transferring, disposing of, gifting, selling or encumbering any asset of decedent without an application to on notice to all interested parties and further order of this Court; and(3) granting such other and further relief that this Court deems just and proper.An Affirmation in Opposition to the cross-motion was filed by petitioner and a reply to the affirmation was filed by the respondent.DISCUSSIONThe Court shall first address the issue of whether the petitioner, who is currently serving as the preliminary executor, should be bonded.Preliminary letters were first issued to the petitioner on September 9, 2015 and a bond was dispensed with by decision and order of the Court. Subsequently extension requests were made on notice to the other parties and were granted by decision and order of the Court.Before the Court are two wills dated March 30, 2011. The Court cannot establish which will was executed last and each will contains different provisions regarding distribution. Furthermore, respondent has filed objections regarding the will which alters his gift.These inconsistencies require this Court to direct the preliminary executor to obtain a bond pursuant to SCPA 1412(5) in the amount of $3,177,698.00, and file it with the Court. The preliminary executor is restrained from further action until the bond is approved by the Court and new letters are issued.The Court shall now address the second relief requested by the respondent.Respondent seeks that the letters issued to the preliminary executor be amended to restrict the preliminary executor from transferring, disposing of, gifting, selling or encumbering any asset of the decedent without an application on notice to all interested parties, and further Order of this Court.Such request is granted and upon approval of the bond filed by the petitioner in the amount of $3,177,698.00, the preliminary letters will be amended to restrict the preliminary executor from transferring, disposing of, gifting, selling or encumbering any asset of the decedent without an application on notice to all interested parties, and further Order of this Court.The remaining issue for the Court to address are the attorney fees requested by the petitioner. The motion for fees is denied.The clerk of the Court is directed to mail a copy of this decision to all attorneys who have appeared in this matter by regular mail. This matter shall be returnable on July 17, 2019 at 9:30 a.m. for control.This decision shall constitute the Order of this Court.Dated: June 24, 2019
