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New York County, Surrogate's Court: March 9, 2020

New York County, Surrogate's Court: March 9, 2020

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Surrogate Anderson ESTATE OF JOYCE FELDMAN, Deceased (18-1263) — In this contested probate proceeding, proponent moves for an order pursuant to SCPA §2303 requiring the nondomiciliary objectant to provide security for costs. For the reasons discussed below, the motion is denied. In relevant part, SCPA §2303(1) authorizes a court, in its discretion and upon the motionof a proponent in a probate proceeding, to require a nondomiciliary objectant to “give security for costs.” When deciding whether to require security, the court should consider two principal factors: (1) whether an objectant has an interest in the estate to which the fiduciary has recourse if costs are ultimately awarded against the objectant; and (2) whether the record indicates that the objectant had a good-faith basis for filing the objections (see Matter of Osgood, NYLJ, Jan. 16,1991, at 24, col 6 [Sur Ct, Nassau County]; citing Matter of Snyder, 284 App Div 1003 [3rd Dept. 1954]; see generally Turano, Practice Commentaries, McKinney’s Cons Laws of NY, Book 58A, SCPA §2303). The record reveals that objectant’s beneficial interest in assets held by proponent as executor of decedent’s estate and as trustee of an inter vivos trust created by decedent affords the estate adequate protection in the event that costs are ultimately awarded against objectant. Moreover, objectant’s pleadings are supplemented by e-mails and a transcript of the attorney-drafter’s deposition, which reveal that it was proponent who initiated decedent’s contact with the attorney, arranged meetings between the attorney and decedent at decedent’s apartment, was present during those meetings, and furnished certain financial information to the attorney for purposes of his drafting the propounded instrument and the trust agreement. Such evidence suggests that the objections were filed in good faith. Consequently, the court finds no basis for requiring objectant to give security for costs, and proponent’s motion is denied. This decision constitutes the order of the court. Dated: March 6, 2020

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