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PETITION SEEKING DISCOVERY BASED UPON THE ALLEGATION RESPONDENT HELD ASSETS OF THE ESTATE PROPERLY DENIED, PETITIONERS DID NOT MEET THEIR INITIAL BURDEN.

After carefully considering all the allegations (not summarized here), the Third Department determined the petitioners (children of the decedent) did not meet their burden of showing respondent (another child of the decedent who had lived with decedent) held any property which was an asset of the estate. The petition seeking discovery pursuant to Surrogate's Court Procedure Act (SCPA) 2103 was therefore properly denied:

SCPA 2103 establishes a discovery procedure by which a fiduciary can identify and recover estate assets held by a third party … . The fiduciary bears the burden to prove that property held by a respondent is an estate asset; only when that obligation has been satisfied does the burden shift to the respondent to prove the proper disposition of the disputed property. We agree with Surrogate's Court that petitioners did not satisfy this initial burden and failed to establish grounds for further inquiry. Dwyer v Valachovic, 2016 NY Slip Op 01542, 3rd Dept 3-3-16

TRUSTS AND ESTATES (PETITIONERS DID NOT DEMONSTRATE RESPONDENT HELD ASSETS OF THE ESTATE, PETITION FOR DISCOVERY PURSUANT TO SCPA 2103 PROPERLY DENIED)/SURROGATE'S COURT PROCEDURE ACT (PETITIONERS DID NOT DEMONSTRATE RESPONDENT HELD ASSETS OF THE ESTATE, PETITION FOR DISCOVERY PURSUANT TO SCPA 2103 PROPERLY DENIED)

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