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Queens County, Surrogate's Court: July 28, 2021

Queens County, Surrogate's Court: July 28, 2021

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Surrogate Kelly

ESTATE OF ADELE LOGAN, Deceased (17-3437/D) — Respondent, Lisa Marie Logan (Lisa), the adopted daughter of the decedent, moves pursuant to CPLR 3212, for summary judgment on the branch of the petition seeking to admit an instrument dated July 11, 2002 to probate. Petitioner, the Public Administrator of Queens County (Public Administrator) has filed an affirmation in support of the motion. Objectant, John Michael Logan (John), the adopted son of the decedent, has filed opposition to the motion. The facts of the matter are as follows: Decedent died on March 2, 2017, survived by her adopted children, Lisa and John. John filed an administration proceeding in this estate and objections were filed by Lisa (File No. 2017-3437). Lisa thereafter filed an instrument dated July 11, 2002 purported to be the last will and testament of the decedent (File No. 2017-3437/A) and subsequently filed a petition to probate this instrument (File No. 2017-3437/B). Since neither Lisa nor John would consent to the other serving as fiduciary and neither were able to a post bond, this Court appointed the Public Administrator as temporary administrator File 2017-3437/C). The major asset of the estate consisted of real property located in Astoria, New York and was sold at auction by the Public Administrator.

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