Executor Granted Dismissing Respondent’s Objections to Distribute Proceeds of Injury Suit

Bronx County Surrogate Nelida Malave-Gonzalez recently  granted a summary judgment motion by an Executor seeking dismissal of objections by decedent’s mother and brother in a proceeding seeking to lift restrictions within the letters testamentary to distribute net proceeds of a personal injury claim.

The Court ruled that the objecting brother’s arguments did not raise issue of fact sufficient to defeat the motion, and there was no basis to set aside the settlement as there was no allegation mother did not enter into it freely, or was incompetent to do so, while represented by counsel.  Summary Judgment can be difficult to obtain in most Surrogate’s Court cases, but a valid motion can save years of litigation and tens of thousands of dollars in legal fees.

Estate of Selgado