ESTATE OF CARMEN GARCIA, ALSO KNOWN AS CARMEN IRIS GARCIA, Deceased

ESTATE OF CARMEN GARCIA, ALSO KNOWN AS CARMEN IRIS GARCIA, Deceased (1878/A/11) — The administrator, a son of the decedent, petitions to remove the restrictions on his limited letters of administration so that he may judicially account for the remaining proceeds of a personal injury cause of action settled by order of the United States District Court, Southern District of New York (Ellis, J.) entered January 4, 2012.

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ESTATE OF CARMEN GARCIA, ALSO KNOWN AS CARMEN IRIS GARCIA, Deceased (1878/A/11) — The administrator, a son of the decedent, petitions to remove the restrictions on his limited letters of administration so that he may judicially account for the remaining proceeds of a personal injury cause of action settled by order of the United States District Court, Southern District of New York (Ellis, J.) entered January 4, 2012.

The decedent sustained personal injuries allegedly as a result of medical malpractice and died intestate on February 3, 2011, of unrelated causes. In addition to the petitioner, the decedent’s distributes are three other children, all of whom were adults at the time of the decedents death. Two of the children filed waivers and consents to the application, and a guardian ad litem was appointed for the benefit of the remaining child, the decedent’s daughter, whose whereabouts are unknown. The guardian ad litem recommends approval of the application but takes issue with the commissions sought by the petitioner asserting they should be computed only on the net proceeds directed to be placed in escrow following an award of attorney’s fees and disbursements by the federal court. With respect to the distributive share of his ward, the guardian ad litem also requests that the court direct: (1) the establishment of a supplemental needs trust (SNT) for the benefit of his ward; (2) that the SNT provide that upon the return of the ward an article 81 application be made for her in the supreme court; and, (3) that he be allowed to draft the SNT. The New York State Department of Taxation and Finance consents to the relief requested.

ESTATE OF CARMEN GARCIA, ALSO KNOWN AS CARMEN IRIS GARCIA, Deceased

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