APPLICATION OF OTUWE UBAWIKE FOR A DETERMINATION OF HER RIGHT UNDER EPTL §5-1.1-A OF THE ESTATE, POWERS AND TRUST LAW TO ELECT TO TAKE AN INTESTATE SHARE AGAINST ALL TESTAMENTARY SUBSTITUTES INCLUDING THE NYCERS PENSION PLAN'S DEATH BENEFITS OF JEROME UBAWIKE, Deceased

MATTER OF THE APPLICATION OF OTUWE UBAWIKE FOR A DETERMINATION OF HER RIGHT UNDER EPTL §5-1.1-A OF THE ESTATE, POWERS AND TRUST LAW TO ELECT TO TAKE AN INTESTATE SHARE AGAINST ALL TESTAMENTARY SUBSTITUTES INCLUDING THE NYCERS PENSION PLAN'S DEATH BENEFITS OF JEROME UBAWIKE, Deceased. (2865/A/12) — This is a petition for a determination of the surviving spouse's right under EPTL §5-1.1-A to elect to take an intestate share against all testamentary substitutes, including the New York City Employee's Retirement System (NYCERS) pension plan death benefits of the decedent. As part of the proceeding petitioner also requested that all payments due two minors from NYCERS be paid to their mother, the petitioner, to hold for their use and benefit. NYCERS was cited but did not appear or oppose the petition.

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MATTER OF THE APPLICATION OF OTUWE UBAWIKE FOR A DETERMINATION OF HER RIGHT UNDER EPTL §5-1.1-A OF THE ESTATE, POWERS AND TRUST LAW TO ELECT TO TAKE AN INTESTATE SHARE AGAINST ALL TESTAMENTARY SUBSTITUTES INCLUDING THE NYCERS PENSION PLAN’S DEATH BENEFITS OF JEROME UBAWIKE, Deceased. (2865/A/12) — This is a petition for a determination of the surviving spouse’s right under EPTL §5-1.1-A to elect to take an intestate share against all testamentary substitutes, including the New York City Employee’s Retirement System (NYCERS) pension plan death benefits of the decedent. As part of the proceeding petitioner also requested that all payments due two minors from NYCERS be paid to their mother, the petitioner, to hold for their use and benefit. NYCERS was cited but did not appear or oppose the petition.

By decision dated March 5, 2013, the petition was granted without opposition and petitioner settled a decree on notice to NYCERS in accordance the court’s decision. The decree provided that, as the payments due the two infant children were under $10,000.00 each, the payments from NYCERS for their benefit were to be made to their mother pursuant to SCPA §2220. NYCERS did not object to the proposed decree or raise an objection thereto. The decree was signed on April 12, 2013.

APPLICATION OF OTUWE UBAWIKE FOR A DETERMINATION OF HER RIGHT UNDER EPTL §5-1.1-A OF THE ESTATE, POWERS AND TRUST LAW TO ELECT TO TAKE AN INTESTATE SHARE AGAINST ALL TESTAMENTARY SUBSTITUTES INCLUDING THE NYCERS PENSION PLAN'S DEATH BENEFITS OF JEROME UBAWIKE, Deceased

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