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ESTATE OF TONY ANDREW FORTUNE, ALSO KNOWN AS ANTHONY LUCAS, Deceased

ESTATE OF TONY ANDREW FORTUNE, ALSO KNOWN AS ANTHONY LUCAS, Deceased (12/2652/A) — The administrator, the decedent's spouse, seeks to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds.

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ESTATE OF TONY ANDREW FORTUNE, ALSO KNOWN AS ANTHONY LUCAS, Deceased (12/2652/A) — The administrator, the decedent’s spouse, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds.

The decedent died intestate on July 8, 2012, allegedly as the result of injuries sustained as a passenger in a motor vehicle accident. In addition to the petitioner and the two infant sons, the decedent’s distributees are a son and daughter who were both over the age of 21 on the date of the decedent’s death and an infant daughter. The petitioner was appointed guardian of the property of the two infants by the Dutchess County Surrogate’s Court, and the infant daughter’s mother was appointed guardian of her property by this court. Although the adult daughter and son and the New York State Department of Taxation and Finance consent to the application, including the allocation of the entire settlement proceeds to the wrongful death cause of action, the successor guardian ad litem appointed for the infant sons and the separate guardian ad litem appointed for the infant daughter raised certain issues, inter alia, as to the propriety of purchasing deferred benefits for their wards with a portion of their respective distributive shares and certain counsel fees and disbursements.

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