ESTATE OF CHARLES CROUCH, also known as CHARLES R. CROUCH, also known as CHARLES ROBERT CROUCH, Deceased (770/E/08) — The administrator, the decedent’s spouse, seeks to distribute from her attorneys’ escrow account the remaining proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent’s exposure to asbestos.
The decedent died intestate on November 3, 2006. The decedent’s distributees are the petitioner and an infant son. The infant, who also has other disabilities, resides at a facility maintained by SCO Family Services (SCO). No guardian has been appointed for the infant’s property. This court previously issued decrees in similar applications directing trial counsel to retain the modest proceeds for the benefit of the infant son pending the further order of the court (see Matter of Crouch, NYLJ, Feb. 24, 2010, at 32, col 5), and a decree dated April 7, 2011 directed counsel to distribute the infant’s share of the proceeds in that application and the proceeds it was retaining in the prior applications to SCO, to be deposited in an account that it maintains for the infant’s benefit (see SCPA 2222 [1]; Matter of Crouch, NYLJ, March 1, 2011, at 28, col 3). The guardian ad litem, who has graciously waived a fee for services rendered herein, consents to the relief requested, including the distribution of the wrongful death proceeds pursuant to the formula enunciated in Matter of Kaiser (198 Misc 582 [1950]), but is concerned about the proposed payment of the infant’s modest share of the recovery to SCO as he was informed by a representative of SCO that it does not maintain accounts for the benefit of its residents. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance, and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate 90 percent of the net distributable proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.