04 Jan Court Choses One of Decedent’s Daughters to be Administrator over the other
Two daughters sought letters of administration. Attempts to settle and for co-administration of the estate failed. The court noted where friction or hostility existed between parties in the same priority class for appointment who were unable to agree as to an appointment, it would avoid issuing joint letters as the parties were likely incapable of administering the estate together and would frustrate administration of decedent’s estate. It found the record showed one sister’s involvement with decedent’s affairs was substantially greater than the other and so that daughter was appointed administrator of the estate. This is another in a long line of examples where a judge is forced to make a decision that should have been made by the decedent- in a properly drawn and executed Will.
Surrogate James Pagones, Surrogate’s Court
Matter of Estate of Meltzer, 2018-535 (December 17)