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In re Estate of Cramer12/1/2005
to divulge the existence of half siblings in connection with obtaining limited letters to prosecute the medical malpractice action does not rise to this level. The record reveals that at some point during the prosecution of the action, the existence of the half siblings became known to ZBG&F. All were given notice of the judicial settlement of the administrator's accounts and all will appropriately share in the distribution of the estate assets. Under these circumstances and because petitioner was the only sibling of decedent to investigate and pursue a medical malpractice claim the only estate asset denial of statutory commissions for failure to initially divulge the existence of the half siblings is unwarranted, particularly as the record reveals that, at most, it was done carelessly, not intentionally or maliciously.
Cardona, P.J., Mercure, Carpinello and Lahtinen, JJ., concur.
ORDERED that the order is modified, on the law, without costs, by reversing so much thereof as denied statutory commissions to petitioner; grant such commissions; and, as so modified, affirmed.
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