Surrogate Anderson
ESTATE OF JEFFREY FURMAN, Deceased (09-2136/A/B) — Petitioner, decedent’s sister and a legatee under the propounded instrument, commenced this proceeding to revoke the preliminary letters testamentary issued to Randolph Whitney Bae (“respondent” or preliminary executor” ) in the estate of Jeffrey Furman. Petitioner also seeks to be appointed as temporary administrator. Decedent died on April 30, 2009 and preliminary letters testamentary issued to respondent on September 15, 2009. In seeking the preliminary executor’s removal, petitioner alleges that respondent has (1)failed to administer the estate, (2) neglected to collect estate assets,(3) understated the value of the estate in the probate and preliminary letters petitions, (4) declared the estate to be insolvent, and (5) attempted to convert certain estate property for his own benefit. No action has been taken to prosecute the probate proceeding since its inception in 2009, nor has an inventory of assets been filed as required by court rules (22 NYCRR 207.20). Significantly, nothing has been filed to deny petitioner’s allegations whether by answer, objection or other proof. In accordance with statutory requirements, petitioner’s allegations are deemed to be due proof of facts stated in the petition (SCPA §509). The court recognizes that the removal of a testator’s nominee is not to be taken lightly, even if the will has yet to be probated. The court is required to exercise its removal power sparingly and to nullify the testator’s choice only upon a clear showing of serious danger to the estate (Matter of Vermilye, 101 AD2d 865 [2d Dept 1984]; Matter of Farber, 98 AD2d 720 [2d Dept 1983]). However, it is clear that the actions of the preliminary executor (or lack thereof) have jeopardized the estate and warrant his removal. The preliminary letters issued to Randolph Whitney Bae are hereby revoked, and letters of temporary administration shall issue to petitioner. Randolph Whitney Bae is directed to turn over custody, possession and control of all assets of the estate to Lynda Yablon in her capacity as temporary administrator. Respondent is directed to file an account of his proceedings, together with a petition for its judicial settlement, within 30 days after service of a copy of the decree to be entered herein with notice of entry. Finally, petitioner’s application to admit the will to probate cannot be considered in a removal proceeding and is therefore denied. Submit decree. Clerk to notify. Dated: April 7, 2021
