Klein v. Klein

GUITTARD, Chief Justice.

The principal beneficiary named in a will appeals from an order of the probate court allowing the independent executor expenses from the estate for resisting the beneficiary’s motion to remove him. We hold that the executor’s claim for expenses is premature because the removal proceeding is still pending. Accordingly, we reverse and dismiss the executor’s claim without prejudice.

The motion to remove the executor was filed by Annabelle Sholdar Klein, beneficiary under the will of Joseph Klein. She alleged that the independent executor, Donald R. Klein, had appropriated…