Matter of Katz

[*1] Matter of Katz 2006 NY Slip Op 52405(U) [14 Misc 3d 1204(A)] Decided on December 14, 2006 Sur Ct, Nassau County Riordan, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 14, 2006
Sur Ct, Nassau County

In the Matter of the Estate of Allen Katz a/k/a Allen M. Katz, Deceased.



341364



Peter K. Ledwith

Law Offices of Ledwith & Atkinson

Attorneys for Respondent, Kimberly Katz

14 St. James Place Lynbrook, NY 11563

Jay Korth, Esq.

Korth & Korth, Attorneys at Law

Attorneys for Petitioner, Bradley Katz

129 Charles Street

Lynbrook, NY 11563

John B. Riordan, J.

In this contested probate proceeding, the objectant has requested that preliminary letters testamentary issued to Bradley Katz be modified to require a bond. For the reasons that follow, the application is denied.

The decedent, Allen Katz, died on December 30, 2005 leaving a will dated October 24, 2005. The will has been offered for probate by the decedent's son, Bradley Katz, and the attorney draftsman, Jay F. Korth, who are the nominated executors. The purported will gives the decedent's brother, Myron Katz, a life estate in the premises which he owned with the decedent. Bradley Katz is the beneficiary of the residuary estate. Objections to the will have been filed by the decedent's daughter, Kimberly Katz. Preliminary letters testamentary issued to Bradley Katz and Jay F. Korth on September 5, 2006 to serve without bond.

Article FOURTH of the will provides that no executor or trustee shall be required to file or furnish any bond. The objectant now asks that preliminary letters be modified to require a bond on the grounds that potential claims against the estate amount to almost four-fifths (4/5) of the estate assets.

SCPA 1412 (5) provides that "[w]here the will explicitly dispenses with the filing of a bond, the court shall grant such letters without bond, unless it determines there are extraordinary circumstances in the particular case to warrant filing of a bond, in which case the court shall have discretion to require the person seeking such letters to file a bond in such amount as the court deems advisable." The existence of potential claims does not constitute extraordinary circumstances. Accordingly, the application is denied.

This constitutes the decision and order of the court.

Dated: December 14, 2006

John B. Riordan

Judge of the Surrogate's Court

The appearance of counsel is as follows: