ESTATE OF ROBERT MAHLER, Deceased (19-4004/D,E) — This proceeding was commenced by decedent’s children, the beneficiaries of his estate (“petitioners”), who seek an order (i) removing respondent as executor; (ii) suspending his letters testamentary during the pendency of this proceeding; (iii) enjoining him from paying himself commissions or legal fees; (iv) directing him to turn over all estate assets and information pertaining to the estate to the successor fiduciary; (v) directing respondent to account within 45 days of his removal; and (vi) issuing letters of administration c.t.a., to Joyce M. Duckies, one of the petitioners. Alternatively, petitioners request that limited letters of administration issue to Ms. Duckies for the purpose of: (i) pursuing a legal malpractice action and other claims on the estate’s behalf against respondent, and (ii) obtaining estate tax returns and filing amended returns as necessary. Petitioners’ request that limited letters of administration issue to Ms. Duckies is granted in part. Pursuant to SCPA §702(9), the court may grant limited letters of administration to an individual for the purpose of commencing “any action or proceeding against the fiduciary….” Petitioners believe that the estate has a claim for legal malpractice against respondent, who drafted decedent’s will and provided decedent with estate planning advice. This court and others have often noted that “the submission of allegations made merely upon information and belief is sufficient to warrant the issuance of limited letters under SCPA §702(9) (see e.g. Matter of Morrissey, NYLJ, Oct. 18, 2021, at 17, col 2 [Sur Ct, NY County 2021]; Matter of McEvilley, NYLJ, Sept. 3, 2014, at 22, col 3 [Sur Ct, NY County 2014]; Matter of Leistner, 12 Misc 3d 1153[A] [Sur Ct, Nassau County 2006]). However, petitioners have not provided sufficient support for their request to authorize the proposed limited administrator to take any actions with respect to the tax obligations of the estate, including the filing of estate tax returns or with respect to the estates of other decedents. Based on the foregoing, the court grants petitioners’ request that limited letters of administration issue to Joyce M. Duckies, solely for the purpose of pursuing a legal malpractice claim on behalf of the estate [see above request for alternative relief (i)]. Limited letters of administration shall issue to her in accordance with this decision upon her qualifying according to law. The petition’s remaining requests for relief will be addressed in due course upon the completion of discovery. This decision constitutes the order of the court. Dated: June 24, 2022
