Proceeding to Revoke the Letters Testamentary

In Matter of Pomponio, the law firm of Novick & Associates, P.C., negotiated a settlement for a client in a contested probate proceeding. The settlement provided for the client to receive $25,000.00 within ten (10) days of her mother's Last Will and Testament being admitted to probate and another $60,000.00 upon the sale of the decedent's house. The client's sister who was represented by her own attorney was also to receive the same monetary settlement.

Pursuant to the terms of the settlement, the will was admitted to probate on September 21, 2012. The first payment was due by October 1, 2012 but it was never received. The client's brother accepted his appointment as executor of the estate but failed to comply with the terms of the settlement. Novick & Associates, P.C., promptly petitioned the court to remove the executor for his failure to pay the agreed upon settlement. The court granted the petition removing the executor and directed him to account for all of the estate funds within forty-five (45) days. The executor also faces the possibility of being denied commissions.

It is important when taking on the role of executor that the individual adhere to the terms that are set forth in a settlement agreement. If they fail to do so, they can be removed from the position and replaced with another individual that will take on the role of executor. Sometimes a matter will appear to be settled, but one my party may have other ideas. These areas of the law can be complex and mistakes or other wrongful actions can lead to the case being further delayed. Find out more about these types of cases or other estate litigation matters by exploring our site or calling our office directly.

Categories: Estate Litigation, Probate
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