Surrogate López Torres ESTATE OF CASSANDRA ROBERTS, Deceased (18-172/A) — In this administration proceeding, Ranelle Roberts and Ronnica Haywood (petitioners) filed a petition for letters of administration. Elsa Haywood (objectant) filed verified objections dated August 29, 2019. The petitioners and the objectant are the daughters and distributees of Cassandra Roberts (decedent). By intestacy, the three sisters inherited a parcel of real property, a two-family home (property), that belonged to the decedent who died on September 5, 2017. The objections generally allege, inter alia, that the petitioners are “untrustworthy” because they filed the instant petition “behind [objectant's] back;” that the decedent did not wish for the petitioners to serve as administrators; and the petitioners are “trying to sell the property without [objectant's] agreement.” The objectant further alleges that while she resides at the property and is a co-owner, the petitioners have controlled the property and denied the objectant access to certain areas of the property.1 These objections do not assert any legal grounds upon which the petition may be denied. SCPA 707, 709 (grounds for disqualifying a proposed fiduciary include incompetency, non-domiciliary, a felony conviction, or otherwise unfit due to substance abuse, dishonesty, improvidence, or want of understanding). The objectant’s allegation, that the petitioners are “untrustworthy” because they did not advise her before filing their petition, is insufficient for disqualification. “The dishonesty contemplated by the statute must be taken to mean dishonesty in money matters from which a reasonable apprehension may be entertained that the funds of the estate would not be safe in the hands of the [fiduciary].” See also, In re Flood’s Will, 236 N.Y. 408,411 (1923). “Where all [] distributees are equally entitled to share in the estate, the court may grant letters of administration to one or more of their fiduciaries [] if they are eligible and qualify.” SCPA 1001(1)(f)(i). Where there is hostility amongst the distributees and an inability to agree as to the appointment of a fiduciary, “preference shall be given to the fiduciary fl entitled to the largest share in the estate.” SCPA 1001(3)(a) (emphasis added); In re Edelson, 450 N.Y.S.2d 223, 224 (2d Dep’t 1982); Matter of Doyle, 814 N.Y.S.2d 890 (Sun. Ct., Bronx Cty., 2006). Here, the petitioners are distributees entitled to a combined 2/3 share of the estate, who are in agreement and wish to serve as co-administrators. The objections do not allege that the petitioners are ineligible or fail to qualify to serve as co-fiduciaries. Finally, all three distributees agree that the property, which appears to be the only asset of the estate, needs to he sold as soon as practicable. Therefore, the administration of this estate is a fairly simple matter that should be resolved promptly, and it is in the best interests of the estate that letters issue forthwith. Accordingly, the objections are dismissed. Limited letters of administration shall issue to the petitioners to serve as co-administrators upon their duly qualifying according to law, with restraints against collecting more than $10,000.00 in estate assets without further order of this court. Settle decree. Dated: September 27, 2019 Brooklyn, New York
