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ESTATE OF ARLENE ROBERTSON, ALSO KNOWN AS ARLENE J. ROBERTSON, Deceased

ESTATE OF ARLENE ROBERTSON, ALSO KNOWN AS ARLENE J. ROBERTSON, Deceased (291 A 2001/A) — In this proceeding to judicially account, the Public Administrator seeks to disqualify the decedent's spouse from sharing in the estate based on abandonment and failure to support the decedent, and to distribute the net distributable proceeds to the decedent's son, her only other distributee. A guardian ad litem appointed for the spouse, whose whereabouts are unknown, filed a report recommending that the account be judicially settled and allowed.

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ESTATE OF ARLENE ROBERTSON, ALSO KNOWN AS ARLENE J. ROBERTSON, Deceased (291 A 2001/A) — In this proceeding to judicially account, the Public Administrator seeks to disqualify the decedent’s spouse from sharing in the estate based on abandonment and failure to support the decedent, and to distribute the net distributable proceeds to the decedent’s son, her only other distributee. A guardian ad litem appointed for the spouse, whose whereabouts are unknown, filed a report recommending that the account be judicially settled and allowed.

The decedent died intestate on July 14, 2000 survived by a spouse and son. The only assets of the estate are proceeds of a personal injury cause of action that was compromised and settled by order of the Supreme Court, Bronx County (Green, J.) dated May 3, 2012. The Public Administrator seeks to distribute the net settlement proceeds to the decedent’s son, alleging that the spouse is disqualified on grounds of abandonment and failure to support relying, in part, on an affidavit submitted in the initial proceeding for letters of administration by a friend of the decedent who knew her for over 50 years, as well as information obtained from the son. The friend of the decedent alleges, inter alia, that the decedent married in 1957, the spouse abandoned her in 1957, the decedent’s son was born in 1958 and never met his father, and the spouse never provided any support to the decedent or to his son.

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