ESTATE OF LEONARD DESILVA, Deceased

ESTATE OF LEONARD DESILVA, Deceased (353/A/11) — The administrator, the decedent's spouse, seeks to remove the restrictions contained on her letters of administration so that she may judicially account for the proceeds of a settlement of a personal injury cause of action.

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ESTATE OF LEONARD DESILVA, Deceased (353/A/11) — The administrator, the decedent’s spouse, seeks to remove the restrictions contained on her letters of administration so that she may judicially account for the proceeds of a settlement of a personal injury cause of action.

The decedent sustained injuries in an automobile accident on April 7, 2006 and died intestate on September 10, 2007, of unrelated causes. In addition to the petitioner, the decedent’s distributees are five children, two of whom were under the age of 21 at the time of the decedent’s death and one of whom is still an infant. The petitioner is the guardian of the infant’s property. The guardian ad litem appointed for the infant consents to the relief requested, including payment of the entire net distributable proceeds to the spouse. The adult children were served with process and defaulted. Law Cash was served with process as to why the sum of $15,000 should not be paid to it in full satisfaction of its claim against the estate for money advanced to the decedent, and there was no appearance in opposition. The New York State Department of Taxation and Finance consents to the application. Given the lack of causation between the decedent’s injuries and his death, the allocation of the entire settlement proceeds to the personal injury cause of action is approved.

ESTATE OF LEONARD DESILVA, Deceased

ESTATE OF LEONARD DESILVA, Deceased (353/A/11) — The administrator, the decedent's spouse, seeks to remove the restrictions contained on her letters of administration so that she may judicially account for the proceeds of a settlement of a personal injury cause of action.

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