11 Nov Co-Administrator’s Conduct Reflects Want of Understanding of Her Fiduciary Duties
Bronx Surrogate Nelida Malave-Gonzalez recently ruled that a son’s uncontroverted allegations, including the administrator refusal to take necessary steps to collect and distribute the estate’s assets, and her failure to state any reason why the assets should be retained, constituted the basis for granting the son’s application to revoke her letters, as they reflected a want of understanding of her fiduciary duties and warranted revocation of her letters of administration. This cases shows that the appointment of an Administrator by the Court is not necessarily the end of the litigation for the estate. Administrators have broad power but with that power goes broad responsibility to manage the affairs of the estate competently and in the best interests of the beneficiaries of the estate.
Matter of Bishop - Bronx Surrogate’s Court.