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New York County, Surrogate's Court: October 20, 2022

Decision & Order decided on:October 18, 2022

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ESTATE OF STANLEY WALKER REVOCABLE TRUST (15-4613/A) — At the call of the calendar in this proceeding to set aside a revocable trust created by Stanley Walker (the “Trust”), the court decided two motions. The motion of Respondent Mary Djurasevic to dismiss the petition was granted on the ground that Petitioner Janet Mecca lacks standing to set aside the Trust. Petitioner is not named in the Trust and has no interest in it. Nor does she currently have any interest in decedent’s estate, which would receive the proceeds of the Trust were it found to be invalid. Petitioner, decedent’s sole distributee, waived and consented to the probate of decedent’s Will, which was admitted to probate more than six years ago. Under these circumstances, Petitioner lacks standing to challenge the Trust {Matter of Brown, 144 AD3 587 [1st Dept 2016]). Petitioner’s cross-motion to rescind her waiver and consent to the probate of Grantor’s will was denied without prejudice as procedurally improper. Any application addressed to the probate decree must be made in the probate proceeding (see e.g. Matter of Coccia, 59 AD3 716 [2d Dept 2009]; Matter of Bono, NYLJ, Oct. 26, 2010 at 26, col. 2 [Sur Ct, Bronx County 2010]). The denial of the cross-motion is without prejudice to petitioner’s seeking such relief in the probate proceeding. This decision constitutes the order of the court. Dated: October 18, 2022

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