Matter of Estate of Bigus

Trusts and Estates

New York Law Journal


Surrogate Kristin Booth Glen

Three objectants to a final accounting by decedent Bigus' executor, Lunnin, moved for summary judgment on their objections. The objections centered primarily on unjustified delays in the administration and distribution of bequests and a failure to treat remainder beneficiaries equally as Lunnin made distributions to herself, but failed to equalize payments to other beneficiaries, and the improper payment of commissions. Bigus' willed her interest in her cooperative apartment to the American Society for Technion, which claims the sale proceeds were improperly withheld. The court found Technion should have been paid within seven days of closing, and Lunnin provided no explanation for the delay. The court also noted that due to the unequal and unauthorized advanced to Lunnin, and advanced commissions without court approval, 6 percent annual interest was imposed on specific amounts of advances, and Lunnin was surcharged for lost interest on the commission amounts until they are reimbursed to the estate.

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