ESTATE OF VICTOR SQUIRE, Deceased

ESTATE OF VICTOR SQUIRE, Deceased (94/B/588A) — The administrator d.b.n., one of the decedent's step-daughters who is the administrator of the estates of the decedent's post-deceased spouse and son, seeks to judicially account and distribute the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Hunter, J.). The supreme court order, inter alia, directed the payment of counsel fees, disbursements, funeral expenses and statutory commissions.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ESTATE OF VICTOR SQUIRE, Deceased (94/B/588A) — The administrator d.b.n., one of the decedent’s step-daughters who is the administrator of the estates of the decedent’s post-deceased spouse and son, seeks to judicially account and distribute the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Hunter, J.). The supreme court order, inter alia, directed the payment of counsel fees, disbursements, funeral expenses and statutory commissions.

The decedent died intestate on March 23, 1994, allegedly as the result of injuries sustained in a household fire. The decedent’s distributees are the post-deceased spouse, the postdeceased adult son who was under the age of 21 on the date of the decedent’s death and a whereabouts unknown son who was over the age of 21 on the date of the decedent’s death. The court has not appointed a guardian ad litem to represent the interests of the whereabouts unknown son because it appears that he would have no interest in these funds regardless of their allocation because of the relatively modest recovery (see EPTL 4-1,1 [a] [a1]), and accordingly dispenses with jurisdiction upon him (see SCPA 2210 [12]; Matter of Bevacqua, 2007 NYLJ LEXIS 2081 [Sur Ct, Bronx County 2007]) Under the circumstances presented, including the consents of the petitioner in her capacity as administrator of the estates of the post-deceased spouse and son, all of the distributees of the postdeceased spouse and the New York State Department of Taxation and Finance, service of process having been dispensed upon the whereabouts unknown son, and the lack of any other unpaid debts or claims presented herein, the court grants the request to allocate the entire settlement proceeds to the wrongful death cause of action.

ESTATE OF VICTOR SQUIRE, Deceased

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal