In this estate in which there is a contested probate proceeding pending, the decedent was the defendant in a County Supreme Court action, commenced by his sister and two other parties who are the objectants in the probate proceeding (the movants). New York Probate Lawyers said the complaint in the Supreme Court action alleges that the decedent exerted undue influence on his sister to obtain a deed to her one-half interest in real property and converted funds held with the sister in a joint bank account. The movants now seek an order transferring the Supreme Court action to this Court and consolidating that action with the probate proceeding. The proponent in the probate proceeding, who is the respondent in this application, opposes the motion.
Although a party may seek the court’s consent to receive for trial any action pending before the Supreme Court which affects or relates to the administration of a decedent’s estate, only the Supreme Court can order the transfer of a proceeding pending before that court. A New York Will Lawyer said that consequently, the branch of the motion seeking an order directing transfer of the Supreme Court action must be made to the Supreme Court in the first instance.
Nevertheless, the gravamen of the Supreme Court causes of action clearly affect or relate to the administration of the decedent’s estate, and this Court has jurisdiction over all actions and proceedings relating to the affairs of the decedents, probate of wills, estate administration and actions and proceedings arising there under or pertaining thereto. Long Island Probate Lawyers said as the pending Supreme Court action appears to fall squarely within this Court’s jurisdictional imperative, if the Supreme Court in the exercise of its discretion deems that a transfer is warranted, then the Court consents to receive for trial the action pending in the Supreme Court which affects or relates to the administration of the decedent’s estate. Regardless of whether the Supreme Court directs that the action be transferred, the movants may seek the appointment of a temporary administrator in the event that the proponent does not seek preliminary letters.