In re Xenos

• Decision Date: 17 March 2022
• Docket Number: 2022-50241,2020-4760/B
• Parties: In the Matter of the Estate of Constantino Xenos, a/k/a DINO XENOS, Deceased.
• Court: New York Surrogate Court

In the Matter of the Estate of Constantino Xenos, a/k/a DINO XENOS, Deceased.

No. 2022-50241

No. 2020-4760/B

Surrogate's Court, Queens County

March 17, 2022

Unpublished Opinion

Ronald Fatoullah & Associates Jordan Lipka, Esq.

Peter J. Kelly, J.

Before the Court is a petition seeking court authorization for the sale of real property.

As background, the decedent passed away on April 19, 2012, leaving a last will and testament dated February 27, 2012. The instrument, inter alia, devises the decedent's one-half interest in the real property known as 20-61 28th Street, Astoria, New York to the decedent's son, Dino Xenos. The other one-half interest is owned by petitioner.

Curiously, it was not until December of 2020 that the petitioner offered the decedent's last will and testament for probate. Petitioner explained that she delayed probating the instrument because decedent's son did not want the real property to be titled in his name or sold. Letters testamentary were issued to the petitioner on October 7, 2021. Despite her fiduciary status, petitioner alleges "upon information and belief" that all of decedent's property, other than the subject real property, was distributed.

It appears that the within proceeding-which was apparently prompted by the initiation of a partition proceeding in the Supreme Court-seeks court "authorization" to sell the decedent's one-half interest in the real property for the purpose of "paying estate debts and expenses." This is a red herring.

The "debts and expenses"...