2 total
The court dismissed a motion to appoint an estate trustee during litigation for a straightforward estate.
The applicant, Mehdi Zarrin-Mehr, brought a motion seeking the appointment of a professional estate trustee during litigation (ETDL) for the estate of Sadollah Zarrinmehr, alleging hostility, lack of transparency, and disregard for his interests by the current estate trustee, Soraya Shokrai.
The court dismissed the motion, finding that the applicant's allegations were not sufficiently substantiated and that the estate was straightforward, making the additional costs of a professional ETDL unnecessary and detrimental to the beneficiaries.
The court emphasized that the existing Restated No Dealings Order adequately protected the estate assets.
The court dismissed a motion to strike a will challenge, finding the applicant met the minimal evidentiary threshold due to patent anomalies in the propounded will.
This endorsement addresses a motion brought by the respondent, Soraya Shokrai, seeking to dismiss the applicant, Mehdi Zarrin-Mehr's, challenge to the validity of a 1999 will.
The applicant, the deceased's son from a previous marriage, alleged suspicious circumstances surrounding the will's execution, including missing pages, inconsistent numbering, and a discrepancy in the stated number of pages.
The court dismissed the respondent's motion, finding that the applicant had met the minimal evidentiary threshold required to call the will's validity into question.
The court emphasized its inquisitorial role in probate matters and the need for formal proof of the will given the anomalies and the subscribing witnesses' evidence.
The decision allows the applicant to proceed with discovery, including seeking production from lawyers involved in the estate.
