Opinion
8211N File 4795/15A
01-24-2019
IN RE Sol Neil CORBIN, Deceased. Irwin Jacobs, Petitioner–Respondent, v. David J. Corbin, Respondent–Appellant.
Seward & Kissel, LLP, New York (Lori A. Sullivan of counsel), for appellant. Ferguson Cohen LLP, White Plains (Timothy J. Joyce of counsel), for respondent.
Seward & Kissel, LLP, New York (Lori A. Sullivan of counsel), for appellant.
Ferguson Cohen LLP, White Plains (Timothy J. Joyce of counsel), for respondent.
Sweeny, J.P., Tom, Kahn, Oing, Singh, JJ.
The Supreme Court properly granted petitioner's application. Respondent claims that an accounting was warranted prior to payment of the $100,000 bequest to petitioner so that respondent, as executor, could establish that the estate was insolvent was based on conclusory claims that additional, unspecified, undocumented administration expenses had been incurred (see Matter of Ehmer, 272 A.D.2d 542, 543, 708 N.Y.S.2d 143 [2d Dept. 2000] ). As the Surrogate's Court noted, respondent's receipt of closing letters from the New York State Department of Taxation and Finance and the Internal Revenue Service rendered moot any claims that further estate taxes might need to be paid. Thus, the Surrogate's Court correctly concluded that there were sufficient funds in the residuary estate to pay petitioner at that stage, two years after the decedent had died and more than nine months after the letters testamentary had issued.
Moreover, the Surrogate's Court properly reasoned that at that stage, an accounting would cause further delay, incur unnecessary expense, and possibly deplete the estate of sufficient funds to pay the bequest.
We have considered respondent's remaining arguments and find them unavailing.