Master Allows Amendments to Petition in Estate Accounting Case

Delaware Fiduciary Litigation Blog

Posted May 24, 2013

Danuta Saitis, executrix of the Estate of Stefan Szewczyk, deceased v. Elizabeth L. Malatesta, C.A. No. 7492-ML (May 13, 2013)

The Plaintiff, the executrix of her father’s estate, filed this action to seek an accounting from the defendant, the decedent’s wife. Trial is scheduled to begin on July 29, 2013.  And the parties have completed discovery. The Plaintiff, however, moved to add two new counts and contends that those counts are based on information obtained during discovery.  The Defendant argued that the motion to amend should be denied because she would be unfairly prejudiced as she might need to take additional discovery and move for summary judgment on the new claims. The Defendant further argued that the scheduling order does not provide for amendment to the pleadings.

In deciding to recommend the granting the motion to amend, Master LeGrow, explained that the fact that the scheduling order did not expressly allow amendments was not a bar to amendments. Further, the Master found that even if additional discovery were needed, and even if that resulted in pushing back the trial date, that was not reason to deny the motion.


William M. Kelleher, Director
Gordon, Fournaris & Mammarella, P.A.