ESTATE OF DANIEL MCQUILLEN Deceased (A-9/04/C) — Petitioners, J.G. Wentworth Originations, LLC and Ann Marie McQuillen, seek to transfer lump sum and periodic payments from a structured settlement to J.G. Wentworth Originations, LLC, pursuant to General Obligations Law §5-1706.
Pursuant to a Decision and Order of the Supreme Court dated October 11, 2012, this petition was transferred to the Surrogate’s Court, as a portion of the structured settlement belongs to Ann Marie McQuillen’s minor child, Casey McQuillen, who is the subject of an SCPA Article 17 guardianship and represented by Guardian Ad Litem Orin Cohen, Esq. The guardianship of Casey McQuillen, in addition to the former guardianship proceedings for Ms. McQuillen’s two sons, have a long history with this Court. Limited Letters of Administration were issued by this Court to Ms. McQuillen on February 2, 2004, in order for her to prosecute a cause of action in the State of New Jersey. The letters restrained Ms. McQuillen from compromising such action or enforcing any judgement therein without further order of this Court. Despite these restrictions, acting in her individual and representative capacity, Ms. McQuillen received a structured settlement, workers compensation benefit and an up-front cash payment without obtaining the prior authorization of this Court. In addition, Ms. McQuillen failed to bring a compromise proceeding in this Court to determine the proper allocation of funds between herself and her then minor children pursuant to the laws of the State of New York. Further, from October 2008 to January 2011, Ms. McQuillen sought and obtained the approval of the Supreme Court on four separate occasions to assign all rights, title and interest in and to some of the annuity proceeds. Neither this Court nor the Guardian Ad Litem assigned to represent the interests of her minor children were informed of these transactions, despite ongoing efforts by the Guardian Ad Litem to determine what portion of the wrongful death proceeds Ms. McQuillen received should be distributed to her children. Ms. McQuillen’s sons reached the age of majority and released their mother in full for any claims they may have against her as the guardian of their property on November 15, 2011 and March 2, 2012.
