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ESTATE OF SYLVIA NUER, Deceased (15/1594/A) — In this application by a secured creditor seeking the issuance of letters of administration to the Public Administrator, limited to accepting service in a foreclosure action, the petitioner was unable to identify any known distributees of the decedent, but obtained jurisdiction over the Public Administrator who declined to serve on the ground that it determined that the realty at issue is the only asset of the estate, the mortgage arrears exceed the equity value of the property, and there would not be any resultant funds to be administered.

The creditor opposes the declination stating it has no recourse absent the appointment of the Public Administrator, as it would be an inherent conflict of interest for it to serve as administrator and defend the foreclosure action and, as there are no eligible distributees, the Public Administrator should serve as administrator of the estate.

 
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