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ESTATE OF GILBERT CALDERON, Deceased

ESTATE OF GILBERT CALDERON, Deceased (2176/2010) — This is a proceeding by Lisa Levine, the daughter of decedent Gilbert Calderon, for letters of administration and for denial of probate to a purported will dated October 16, 2006. The instrument leaves the entire estate to decedent's surviving spouse and names the petitioner as executor.

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ESTATE OF GILBERT CALDERON, Deceased (2176/2010) — This is a proceeding by Lisa Levine, the daughter of decedent Gilbert Calderon, for letters of administration and for denial of probate to a purported will dated October 16, 2006. The instrument leaves the entire estate to decedent’s surviving spouse and names the petitioner as executor.

In conferences with the court, the surviving spouse declared her intention to file a cross-petition to probate the will if the parties were unable to settle their differences. Considerable time has passed, and no settlement has been reached. Given the surviving spouse’s failure to file a probate petition to date, petitioner’s application for denial of probate and for letters of administration is granted, subject to the surviving spouse’s filing a petition to probate the instrument and obtaining jurisdiction over all necessary parties within 60 days of the date of service of a notice of settlement of a decree pursuant to this decision.

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