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ESTATE OF JOSEPH PIZZUTO, Deceased (13/576) — On the return date of this motion by the executor, the daughter of the decedent’s predeceased companion, seeking to vacate a stay on distribution of estate assets directed in a “so-ordered” written stipulation dated June 9, 2015 and to cancel a fiduciary bond, jurisdiction was obtained over the respondent, the decedent’s former spouse who defaulted, and the matter was marked “submitted.”

The decedent died on December 23, 2012. His will dated June 20, 2012 names the executor and her spouse as the only testamentary beneficiaries. Although the probate petition listed a sister and three nieces as the decedent’s only distributees, objections were filed by an alleged daughter who established her status as the decedent’s only distributee after filing a copy of an order of filiation entered in the Bronx Family Court. The former spouse also appeared and indicated an intention to vacate a judgment of divorce obtained by the decedent in the Supreme Court, Westchester County. The decedent’s will was admitted to probate by decree dated October 19, 2015 subject to the terms of two “so-ordered” written stipulations: (1) a stipulation dated September 4, 2016 which provided, inter alia, that the daughter was to be paid a certain sum and would withdraw her objections; and (2) a June 9, 2015 “so-ordered” stipulation providing, inter alia, that: the spouse would expeditiously seek to vacate the judgment of divorce and not file objections; the probate proceeding would proceed as an uncontested matter; after payment of certain administrative expenses, the executor’s attorney would hold the remaining estate proceeds in escrow; and, no further distributions would be paid without further order of this court.

 
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