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ESTATE OF HELEN SILVERMAN, Deceased (12/578/A) — In this proceeding for judicial settlement of an intermediate accounting, the Kings County Public Administrator (the petitioner), as administrator of the estate of Helen Silverman (the decedent), seeks a determination of the decedent’s distributees according to the law of intestate distribution in the State of New Jersey. The decedent died intestate on March 9, 2010, and the petitioner was issued Letters of Administration on March 13, 2012. The instant proceeding was commenced on November 29, 2013, and a guardian ad litem was appointed to represent the interests of unknown distributees of the decedent’s estate. In addition to assets located in the decedent’s domicile in the State of New York, her estate includes three parcels of real property located in the State of New Jersey.

Following a kinship hearing on May 9, 2014 (the 2014 order), the court issued a decision and order, dated September 30, 2014, determining the decedent’s distributees pursuant to EPTL §4-1.1. Pursuant to the 2014 order, the decedent was determined to have been survived by nine maternal first cousins, two of whom are post-deceased, and no paternal kin, in accordance with the provisions of EPTL §4-1.1. Pursuant to the provisions of N.J.S.A. §3B:5-4(e), however, where a decedent is not survived by spouse or issue, a parent, descendant of a parent or a grandparent, but is survived by one or more descendants of grandparents, the descendants take equally if of the same degree, and by representation if of a more remote degree. Unlike the limitation set forth in EPTL §4-1.1 (a) (6), the law of intestate distribution in New Jersey law does not restrict distributions to issue of grandparents to grandchildren, where there are survivors of that degree.

 
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