Pro se appellant challenges probate accounting and contends deed and will create joint tenancy

The panel heard argument from Norman Elio, a pro se appellant, who contends his late mother intended the property to be held as joint tenants and that the probate and sale proceedings improperly treated the interest as tenancy in common.

Elio told the court the deed refers to joint tenants and the will directs that proceeds be divided ‘‘50% each’’ to his brother Peter and to him outright. He argued the probate administration and a special-master process nonetheless allowed a distribution inconsistent with the grantor’s intent and with statutory protections. Elio raised multiple procedural complaints about the special master, the timing of the sale and accounting, and the handling of escrowed proceeds.

Opposing counsel India Minschoff, representing Peter Leo as testamentary trustee and individually, said the record lacks the four unities required to create a joint tenancy and the lower court and special master properly analyzed title, considered testimony and a title report, and recommended disposition of the proceeds. Minschoff urged deference to the trial court’s factual findings.

The panel questioned whether unequal percentages and other deed language defeated the unities necessary to create a joint tenancy and asked about the extent to which subsequent filings and the new deed should be considered in resolving the dispute. No ruling was announced from the bench at the close of argument.