The applicant, an estate trustee and beneficiary, moved to appoint an institutional estate trustee during litigation for her father's substantial estate.
The motion was opposed by the other estate trustees (the applicant's mother and siblings) and another sibling.
The court found that the mother, Ida Rubin, likely lacked capacity, and the other estate trustees had engaged in questionable transactions, including retroactively characterizing assets as jointly held to avoid probate fees, making large gifts from the spousal trust to themselves, and failing to provide proper disclosure or pass accounts despite repeated requests.
The court emphasized its inherent jurisdiction to supervise estates and appoint an estate trustee during litigation to ensure neutral stewardship, protect beneficiaries' interests, and maintain a level playing field, especially given the conflicts of interest and animosity among the parties.