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New York Probate Court Cannot Remove Convicted Felon as Fiduciary for Adult Child Without a Hearing
A New York appeals court rules that a probate court must hold a hearing prior to determining whether to revoke the appointment of a former felon who was appointed guardian of an adult child with disabilities and trustee of her special needs trust. In the Matter of the Guardianship of Whitney Bonerb, et. al. v. Suzette Bonerb, et. al.(N.Y. App. Div., 4th, No. CA 20-01232, Nov. 19, 2021).
James J. Bonerb and Suzette Bonerb were appointed co-guardians of their adult child, Whitney Bonerb, and co-trustees of the Whitney Bonerb Credit Shelter Supplemental Needs Trust. Mr. Bonerb then sought to remove Mrs. Bonerb from both fiduciary positions on the grounds that she had been ineligible to be appointed based on her prior felony conviction. Mrs. Bonerb filed motions to dismiss on the grounds that she had disclosed the fact of her conviction on her applications for appointments and had later obtained a certificate of relief from disabilities (CRD), which in New York State removes certain collateral consequences of a criminal conviction, including bars to employment, housing, and licenses.
The probate court, without a hearing, granted the petitions to remove and denied the motions to dismiss. Mrs. Bonerb appealed, arguing that the existence of the CRD required the petitions’ dismissal and that the probate court erred in granting the petitions without a hearing.
The Supreme Court of New York, Appellate Division, vacates the lower court’s order to the extent that it granted the petitions to remove without a hearing. On the one hand, the court holds that the issuance of a CRD does not necessitate the dismissal of the petitions and that the probate court may, in its discretion, revoke Mrs. Bonerb’s appointments. But on the other hand, the court finds that absent certain limited circumstances, such as undisputed misconduct, the probate court cannot do so without a hearing. The court remits the matter to the probate court for further proceedings consistent with its decision.
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The Tennessee Court of Appeals affirmed a trial court's ruling that TennCare's claim for reimbursement of amounts it paid for a decedent’s long-term care services from a revocable trust created by the decedent during her lifetime was not barred by...
Senior Community Resident Fails to Show Breach of Contract
The Tennessee Court of Appeals affirmed a trial court’s order granting partial summary judgment in favor of a senior community concerning a resident’s breach of contract and financial exploitation claims where the resident failed to establish that she was entitled...
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New York Probate Court Cannot Remove Convicted Felon as Fiduciary for Adult Child Without a Hearing
A New York appeals court rules that a probate court must hold a hearing prior to determining whether to revoke the appointment of a former felon who was appointed guardian of an adult child with disabilities and trustee of her special needs trust. In the Matter of the Guardianship of Whitney Bonerb, et. al. v. Suzette Bonerb, et. al.(N.Y. App. Div., 4th, No. CA 20-01232, Nov. 19, 2021).
James J. Bonerb and Suzette Bonerb were appointed co-guardians of their adult child, Whitney Bonerb, and co-trustees of the Whitney Bonerb Credit Shelter Supplemental Needs Trust. Mr. Bonerb then sought to remove Mrs. Bonerb from both fiduciary positions on the grounds that she had been ineligible to be appointed based on her prior felony conviction. Mrs. Bonerb filed motions to dismiss on the grounds that she had disclosed the fact of her conviction on her applications for appointments and had later obtained a certificate of relief from disabilities (CRD), which in New York State removes certain collateral consequences of a criminal conviction, including bars to employment, housing, and licenses.
The probate court, without a hearing, granted the petitions to remove and denied the motions to dismiss. Mrs. Bonerb appealed, arguing that the existence of the CRD required the petitions’ dismissal and that the probate court erred in granting the petitions without a hearing.
The Supreme Court of New York, Appellate Division, vacates the lower court’s order to the extent that it granted the petitions to remove without a hearing. On the one hand, the court holds that the issuance of a CRD does not necessitate the dismissal of the petitions and that the probate court may, in its discretion, revoke Mrs. Bonerb’s appointments. But on the other hand, the court finds that absent certain limited circumstances, such as undisputed misconduct, the probate court cannot do so without a hearing. The court remits the matter to the probate court for further proceedings consistent with its decision.
New York Probate Court Cannot Remove Convicted Felon as Fiduciary for Adult Child Without a Hearing
<p>A New York appeals court rules that a probate court must hold a hearing prior to determining whether to revoke the appointment of a former felon who was appointed guardian of an adult child with disabilities and trustee of her special needs trust. <a href="https://casetext.com/case/bonerb-v-bonerb-in-re-bonerb" target="_blank"><em>In the Matter of the Guardianship of Whitney Bonerb, et. al. v. Suzette Bonerb, et. al.</em> </a>(N.Y. App. Div., 4th, No. CA 20-01232, Nov. 19, 2021).</p>
<p>James J. Bonerb and Suzette Bonerb were appointed co-guardians of their adult child, Whitney Bonerb, and co-trustees of the Whitney Bonerb Credit Shelter Supplemental Needs Trust. Mr. Bonerb then sought to remove Mrs. Bonerb from both fiduciary positions on the grounds that she had been ineligible to be appointed based on her prior felony conviction. Mrs. Bonerb filed motions to dismiss on the grounds that she had disclosed the fact of her conviction on her applications for appointments and had later obtained a <a href="https://www.nycourts.gov/courthelp/criminal/CRD.shtml" target="_blank">certificate of relief from disabilities (CRD)</a>, which in New York State removes certain collateral consequences of a criminal conviction, including bars to employment, housing, and licenses.</p>
<p>The probate court, without a hearing, granted the petitions to remove and denied the motions to dismiss. Mrs. Bonerb appealed, arguing that the existence of the CRD required the petitions’ dismissal and that the probate court erred in granting the petitions without a hearing.</p>
<p>The Supreme Court of New York, Appellate Division, vacates the lower court’s order to the extent that it granted the petitions to remove without a hearing. On the one hand, the court holds that the issuance of a CRD does not necessitate the dismissal of the petitions and that the probate court may, in its discretion, revoke Mrs. Bonerb’s appointments. But on the other hand, the court finds that absent certain limited circumstances, such as undisputed misconduct, the probate court cannot do so without a hearing. The court remits the matter to the probate court for further proceedings consistent with its decision.</p>
<p>For the full text of this decision, <a href="https://casetext.com/case/bonerb-v-bonerb-in-re-bonerb" target="_blank">click here</a>.</p>
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<p> </p>
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