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ESTATE OF ANA LUISA RODRIGUEZ, ALSO KNOWN AS ANA L. RODRIGUEZ, Deceased (12/3050/C) — In this estate the executor, the decedent’s daughter, seeks to judicially account for the remaining proceeds of causes of action arising from the decedent’s death settled in the Supreme Court, Bronx County (Schachner, J.) and other assets. The supreme court, inter alia, directed the payment of trial counsel’s legal fees and disbursements.

The decedent died on December 11, 2012 survived by the petitioner and a spouse as her only distributees. Her will dated September 9, 2010, which leaves the entire testamentary estate to the daughter, was admitted to probate by decree dated May 21, 2014. The spouse previously filed, inter alia, a notice of his intent to assert his right of election as well as objections to an interim account filed by the executor. The executor then amended the interim account to include the proceeds received from the compromise proceeding, thereby fully accounting for the estate assets. Thereafter, the parties entered into a stipulation of settlement, which inter alia, provides for the allocation and distribution of the proceeds in the compromise proceeding between the spouse and the daughter, the withdrawal of the spouse’s objections to the interim account, and an agreement as to how the additional assets are to be distributed after taking account of the spouse’s elective share. Under the circumstances presented, including the consents of the spouse and the New York State Department of Taxation and Finance, and the lack of any unpaid debts or claims presented herein, the court grants the request to allocate and distribute the net distributable proceeds pursuant to the parties’ stipulation.

 
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