ESTATE OF DOLORES MORRISSEY, Deceased (16-1401/C) — In this contested proceeding, Meryn Klabouch (Petitioner), decedent’s niece and a residuary beneficiary and beneficiary of a $1 million bequest under her will, seeks Limited Letters of Administration for the purpose of commencing a discovery proceeding pursuant to SCPA 2103 against Janina Lewandowska, the Executor of decedent’s estate and also beneficiary thereunder, to obtain certain financial and medical records of the decedent and to investigate whether assets belonging to the estate are in the possession of Lewandowska. In opposition, Lewandowska maintains that the issues raised by Petitioner should be addressed in the context of her Accounting and should not be the subject of a separate proceeding or require the issuance of Limited Letters of Administration to Petitioner. The parties were heard at the call of the calendar on August 19, 2020, and subsequently referred to mediation. They were unable to resolve their differences during mediation, and the matter is now before the court for decision. Petitioner alleges that certain accounts held by decedent purportedly as joint accounts with Lewandowska may instead have been convenience accounts and consequently, property of the estate. Pursuant to SCPA 702(9), the court may grant Limited Letters of Administration “[t]o commence and maintain any action or proceeding against the fiduciary, in his or her individual capacity, or against anyone else against whom the fiduciary fails or refuses to bring such a proceeding.” The “submission of allegations made merely upon information and belief’ satisfies the minimum quantity of proof needed to commence a proceeding pursuant to SCPA 702 (see Matter of Zwosta, 975 NYS2d 713 [Table], 2013 NY Slip Op 51364[U] [Sur Ct, Nassau County 2013], citing Matter of Leistner, 12 Misc 3d 1153[A] [Sur Ct, Nassau County 2006]). Petitioner has provided such “proof.” In addition, under the circumstances here, the court disagrees with Lewandowska’s argument that, for the sake of judicial economy, Petitioner’s concerns should be addressed in the Executor’s Accounting. Citation has not yet issued in that proceeding and, in her opposition to this petition, Lewandowska acknowledges that the account needs to be amended and may have been filed prematurely because a significant asset of decedent’s estate, her apartment, is only now going into contract for sale. It follows that the petition is granted. Limited Letters of Administration will issue to Petitioner to pursue a discovery and turnover proceeding against Janina Lewandowska, upon qualifying according to law. The expenses in pursuit of these claims will initially be borne by Meryn Klabouch, individually. If ultimately successful in recovering assets on behalf of the estate, she may seek to be reimbursed from estate assets for those expenses (Matter of Teah, 166 Misc 2d 976, 978 [Sur Ct, Bronx County 1996]). This decision constitutes the order of the court. Clerk to notify. Dated: October 5, 2021
ESTATE OF ESTHER MORSE, Deceased, (08-4508/D) — By decision and order of the court issued on January 27, 2021, the court directed that if no application for substitution of a personal representative for the estate of deceased respondent Daniel G. Madden was made in this proceeding by May 3, 2021, this matter would be dismissed. No such application has been filed. Accordingly, this petition is dismissed (CPLR 1021). This decision constitutes the order of the court. Clerk to notify. Dated: October 6, 2021
