ESTATE OF VLADIMIR MAKAROV, Deceased

ESTATE OF VLADIMIR MAKAROV, Deceased (11/1030/A) — The administrator, the decedent's mother, seeks to allocate the settlement proceeds of causes of actions arising from the decedent's injuries and death to the wrongful death action, disqualify the decedent's father from receiving any distributive share of the settlement proceeds on the ground of abandonment and failure to support (see EPTL 4-1.4) and judicially account for the settlement proceeds.

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ESTATE OF VLADIMIR MAKAROV, Deceased (11/1030/A) — The administrator, the decedent’s mother, seeks to allocate the settlement proceeds of causes of actions arising from the decedent’s injuries and death to the wrongful death action, disqualify the decedent’s father from receiving any distributive share of the settlement proceeds on the ground of abandonment and failure to support (see EPTL 4-1.4) and judicially account for the settlement proceeds.

The decedent died intestate on December 17, 2009, allegedly as the result of jumping from the roof of a building. The decedent’s presumptive distributees are his parents (see EPTL 4-1.1; 5-4.4). The guardian ad litem appointed for the decedent’s father, whose whereabouts are unknown, finds no basis to object to the application, including the allegation of abandonment by the father. 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 request to allocate the settlement proceeds to the wrongful death claim. The uncontroverted allegations contained in the verified petition and supporting documents, that the decedent’s father abandoned and failed to support the decedent from birth to the date of his death, are deemed due proof thereof (see SCPA 509). Accordingly, the court finds that the decedent’s father abandoned and failed to support the decedent, which continued until his death and, consequently, the father is not entitled to any distributive share of the settlement proceeds (see EPTL 4-1.1 [a] [4]; 4-1.4 [a] [1], [c]; 5-4.4 [a] [1]).

ESTATE OF VLADIMIR MAKAROV, Deceased

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