NYS decedent estate currently open in Surrogate Court. 2 deadlocked co-executors (the 2 total Will and Court decreed currently as: must act as one). Under what circumstances does a Surrogate Court typically issue limited restrictive letters? Under what circumstances must they exist? What is the process to have them issued? In an already filed lawsuit where plaintiff stated is the estate, filed unilaterally by one co-executor who had/has no limited restrictive letters in place, is it likely the lawsuit should become dismissed when the Court becomes aware the other co-executor still and previously all times before opposed? Would in your opinion the suit likely be dismissed with or without prejudice? Please provide applicable statutes where able. Thanks.
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