ESTATE OF JOSEPH L. VALDESPINO, Deceased

ESTATE OF JOSEPH L. VALDESPINO, Deceased (10/2406/B) — 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 JOSEPH L. VALDESPINO, Deceased (10/2406/B) — 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 February 5, 2010, allegedly as the result of medical malpractice. The decedent was survived by the petitioner and two infants. After the guardian ad litem appointed for the infants raised questions concerning the distributive status of one of the infants, the court appointed a separate guardian ad litem for that infant, and both guardians ad litem objected to the petitioner’s proposal for distribution deviating from the formula enunciated in Matter of Kaiser (198 Misc 582 [Sur Ct, Kings County 1950]). Thereupon, the petitioner amended the petition and account to provide for distribution to each infant so that the petitioner would receive a reduced share and each infant would receive the greatest Kaiser share, insuring that both infants are not adversely affected by the amended distributive proposal. As the proposed amended distribution is effectuated by reduction of the petitioner’s distributive share and is in the best interests of both infants, the court need not determine the younger infant’s status as a distributee. The two guardians ad litem now recommend approval of the amended application. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unpaid debts or claims presented herein, the court grants the application, as amended, and allocates the net distributable proceeds to the wrongful death cause of action.

ESTATE OF JOSEPH L. VALDESPINO, Deceased

ESTATE OF JOSEPH L. VALDESPINO, Deceased (10/2406/B) — 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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