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ESTATE OF MATHIAS GUERRAND A/K/A MATHIAS GUERRAND-HERMES, Deceased

ESTATE OF MATHIAS GUERRAND A/K/A MATHIAS GUERRAND-HERMES, Deceased, (11/0911A) — In this discovery proceeding (SCPA §2103) commenced by the administrator of the estate of Mathias Guerrand ("decedent"), seeking information as to certain assets possibly being withheld from the estate and turnover of other assets, the administrator now moves for partial summary judgment, seeking a declaration that funds currently held in two escrow accounts are property of the estate and should be turned over to the administrator.

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ESTATE OF MATHIAS GUERRAND A/K/A MATHIAS GUERRAND-HERMES, Deceased, (11/0911A) — In this discovery proceeding (SCPA §2103) commenced by the administrator of the estate of Mathias Guerrand (“decedent”), seeking information as to certain assets possibly being withheld from the estate and turnover of other assets, the administrator now moves for partial summary judgment, seeking a declaration that funds currently held in two escrow accounts are property of the estate and should be turned over to the administrator.

Approximately a year prior to his death, decedent entered into a divorce agreement with his then wife, the mother of two of his children. The agreement provided, inter alia, that decedent deposit funds in escrow as security for his support obligations under the agreement. Accordingly, each of the attorneys for decedent and the wife established an escrow account. Together, the two accounts now hold approximately $597,000. It is undisputed that the funds in these accounts were either lent to or given to decedent by his father and his uncle.

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