Estate of Fontaine CA4/3

FACTS

The Competing Petitions In January 2013, Jennifer petitioned for probate of Elizabeth’s will and for letters of administration. Elizabeth’s will named Jennifer as the executor in the event that Bonnie were deceased. The will named the Fontaines’ daughters as the sole beneficiaries. In March 2013, Jason filed written objections to Jennifer’s petition. He argued that probating Elizabeth’s estate served no purpose because the estate had no assets (since Elizabeth’s assets had been transferred to him as her “sole heir”), and because creditors of the estate could bring a direct action against him under the Probate 5 Code. Jason also argued that Jennifer waived her priority for appointment as executor by filing for probate over three years after Elizabeth’s death. In Jennifer’s reply to Jason’s objections, she argued that, because Elizabeth’s estate has unpaid creditors, the court lacked discretion to refuse to issue letters of administration. Jennifer further argued that she had good cause for the delayed filing of her petition. She declared on information and belief that Elizabeth’s former employer (Howrey, LLP) had possessed Elizabeth’s will from the time Elizabeth died until…