In the Matter of the Estate of William F. Rothwell, Jr., Deceased.
Robert A. MacKennan, Poughkeepsie, coexecutor pro se, and for Evangeline Reilly, coexecutor.
James D. Pagones, J.
This is an uncontested probate proceeding. It nevertheless raises several issues which compel the court's intervention. They are:
1. The lack of a family tree and affidavit of heirship.
2. Failure of the attorney/draftsman to comply with SCPA 2307-a.
3. The effect of decedent's lifetime trust and first amendment to it on the disposition of assets.
4. The cash gift to the attorney/draftsman's wife.
5. The directive in the lifetime trust to allow full trustee's commissions and reasonable attorney's fees to the attorney/draftsman.
The decedent's will is dated December 3, 1997. It names Evangeline Reilly and Attorney Robert A. MacKennan coexecutors. Attorney MacKennan and Edith K. MacKennan are the two witnesses to the will.
The decedent died a resident of Dutchess County, New York, on May 25, 2001. The will was offered for probate by petition filed July 12, 2001. A revocable lifetime trust and subsequent first amendment both executed according to EPTL 7-1.17 were filed at the same time. The lifetime trust is ...