ESTATE OF RUBEN CARELA, Deceased

ESTATE OF RUBEN CARELA, Deceased (11/893/A) — The administrator, the decedent's mother and guardian of the property of decedent's infant daughter, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Danziger, J.). The supreme court order, inter alia, directed payment of attorneys' fees and disbursements. The administrator also seeks to disqualify the decedent's alleged spouse from receiving a distributive share on the grounds that she abandoned and failed to support the decedent during his lifetime (see EPTL 4-1.4; EPTL 5-1.2 [a] [5] and [6]).

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ESTATE OF RUBEN CARELA, Deceased (11/893/A) — The administrator, the decedent’s mother and guardian of the property of decedent’s infant daughter, seeks to judicially account for the remaining proceeds of causes of action settled in the Supreme Court, Bronx County (Danziger, J.). The supreme court order, inter alia, directed payment of attorneys’ fees and disbursements. The administrator also seeks to disqualify the decedent’s alleged spouse from receiving a distributive share on the grounds that she abandoned and failed to support the decedent during his lifetime (see EPTL 4-1.4; EPTL 5-1.2 [a] [5] and [6]).

The decedent died intestate on January 24, 2011, allegedly as the result of injuries sustained when he was struck by a motor vehicle. The decedent’s distributees are the alleged spouse and two daughters, both of whom were under the age of 18 at the time of decedent’s death, and one who remains an infant. The guardian ad litem appointed for the infant daughter recommends approval of the application, as amended, including distribution to his ward pursuant to Matter of Kaiser (198 Misc 582 [Sur Ct, Kings County 1950]). The now adult daughter and the New York State Department of Taxation and Finance consent to the application. Under the circumstances presented, including the consents of the adult child, the guardian ad litem and the New York State Department of Taxation and Finance, and the lack of any unpaid debts or claims presented herein, the court grants the request to allocate the net distributable proceeds to the wrongful death cause of action.

ESTATE OF RUBEN CARELA, Deceased

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