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ESTATE OF ELIZABETH WIMMER, Deceased

ESTATE OF ELIZABETH WIMMER, Deceased (16/1368/A) — The administrator, one of decedent's sons, seeks leave to compromise causes of action arising from events leading to the decedent's death.

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ESTATE OF ELIZABETH WIMMER, Deceased (16/1368/A) — The administrator, one of decedent’s sons, seeks leave to compromise causes of action arising from events leading to the decedent’s death.

The decedent died on April 30, 2016 allegedly as a result of a motor vehicle accident. In addition to the petitioner, the decedent’s other distributees are a spouse and four adult children. All distributees consent to the relief requested including the distribution of the wrongful death proceeds with a deviation from the formula enunciated in Matter of Kaiser (198 Misc 2d 582 [Sur Ct, Kings County 1950]) eliminating the spouse’s share and allowing for equal distribution to the adult children. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unpaid debts presented herein, the court grants the request to allocate the settlement proceeds to the wrongful death cause of action and to deviate from the formula enunciated in Matter of Kaiser (id.).

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