Matter of Gross
Annotate this CaseDecided on December 19, 2008
Sur Ct, Nassau County
In the Matter of the Estate of Sheldon I. Gross, Deceased.
346108
Attorneys:
Mahon, Mahon, Kerins & O'Brien, LLC
Attorneys for Petitioner
254 Nassau Boulevard
Garden City South, New York 11530
(516) 538-1111
FAX: (516) 538-1957
John B. Riordan, J.
This is an application to extend the time for filing a notice of right of election.
The decedent, Sheldon I. Gross, died on September 5, 2006. He was survived by a spouse,
Neolla Nadia Gross, the petitioner herein, and three children, Michelle Gross, Jodie Gross Paris
and Marcy Coppenger. The petitioner was issued limited letters of administration by this court
on April 3, 2007 for the sole purpose of discovering property allegedly in the possession of
Michelle Gross or others. The petitioner eventually resigned her appointment and the decedent's
two children, Jodie Gross Paris and Marcy Coppenger, were issued limited letters of
administration on December 4, 2008 to pursue a discovery and turnover proceeding.
On August 29, 2008, the petitioner filed a notice of election which she served by mailing a copy to the attorney for Michelle Gross (who was subsequently relieved by decision of this court), Michelle Gross, Jodie Gross Paris and Marcy Coppenger. EPTL 5-1.1-A provides that the notice of election must be made six months from the date of issuance of letters testamentary or letters of administration "but in no event later than two years after the date of decedent's death" (EPTL 5-1.1-A[d][1]). Written notice is to be served upon the personal representative or upon a person named as executor in a will on file with the Surrogate's Court (EPTL 5-1.1-A[d][1]). Personal representative, in turn, is defined as "a person who has received letters to administer the estate" (EPTL 1-2.13). A person who has been issued limited letters of administration for a specific purpose is not a personal representative and does not have the authority to administer an estate. Thus, the time to file the notice of election in this case is within two years from the date of death of the decedent. Although the petitioner's right of election was timely filed with the court, it has not yet been properly served because there is neither an executor named in a will nor an administrator appointed with full authority to accept the filing of the notice of election. To obviate the need for yet another petition for letters of administration in this proceeding, the court, on its own motion, expands the authority of the limited administrators to receive the filing of the [*2]notice of election and directs they be served with the notice of election within 30 days of the date thereof.
This constitutes the decision and order of the court.
Dated: December 19, 2008
JOHN B. RIORDAN
Judge of the
Surrogate's Court
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