Estate of Focarino CA4/3

FACTS AND PROCEDURAL HISTORY

Volpé, Focarino, and their brother, Charles Focarino, are the children of decedent. After decedent died in June 2010, Focarino filed a petition for probate, seeking to act as the executor. He attached a copy of decedent’s will dated November 1995. Volpé filed objections to the petition, claiming, in part, that Focarino had a conflict of interest because, among other things, he had taken decedent’s jewelry and refused to return it to the estate and he should not serve without a bond. Volpé pleaded she was the trustee of decedent’s living trust (trust) dated April 2010, with Volpé, Focarino, and Charles Focarino as equal beneficiaries. She alleged on information and belief the purpose of the trust was to “hold” “the proceeds from the sale of [decedent’s] New York real property.” Volpé also claimed she had deposited those proceeds in two accounts (credit union accounts) she held in joint tenancy with decedent. There was no intent to create survivorship rights in Volpé but the credit union accounts were set up only for convenience. As a result of Volpé’s objections, the court set a mandatory settlement conference and a trial date. In the meantime Focarino…