ESTATE OF MARY RAYMUNDO, a/k/a MARY RUTZ RAYMUNDO, Deceased (16/426/A) — In this probate proceeding, a Citation was made returnable on October 18, 2017 for the admission of a Last Will and Testament of the decedent dated December 12, 2013 to be admitted to Probate only. Jurisdiction was deemed complete over the interested parties.The Last Will and Testament of the decedent dated December 12, 2013 is hereby admitted to probate only, by this court, valid to pass both real and personal property.The petitioner shall submit an Order to the court. Upon execution of the Order, the petitioner shall personally serve the Order upon George Rutz, Jr., Rene Rutz Maldonado a/k/a Renne Rutz Maldonado and Anthony Rutz by personal service upon his father, George Rutz Jr., a person of suitable age and discretion.Pursuant to SCPA 1416, nominated executor Anthony Rutz or the alternate executor Rene Rutz Maldonado a/k/a Renne Rutz Maldonado shall have fifteen (15) days to qualify after personal service of the Order.Anthony Rutz and Rene Rutz Maldonado a/k/a Renne Rutz Maldonado shall be deemed to have renounced their appointment should they fail to qualify after fifteen (15) days of personal service of the Order.Submit Order accordingly.Dated: February 8, 2018ESTATE OF EDWARD D. THOMPSON, Deceased (17/901) — Petitioner seeks to admit to probate a testamentary instrument, dated March 21, 2001, which purports to be the Last Will and Testament of the within decedent and to issue Limited and Restricted Letters Testamentary to the petitioner herein.Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of infant distributees, has filed his report recommending that the Will be admitted to probate.The fee of the Guardian ad Litem is fixed as indicated in the file and shall be paid as an administration expense of this estate within thirty (30) days of the date of Limited and Restricted Letters Testamentary within this estate. Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary.The Court is satisfied upon all the proof submitted, including the Guardian’s ad Litem report, that the propounded instrument is genuine, was validly executed and that at the time of execution, decedent was competent in all respects to make a will and free from restraint (EPTL 3-2.1; SCPA 1408).The propounded instrument, dated March 21, 2001, is hereby admitted to probate.Upon review of the report of the Guardian ad Litem, it appears that certain causes of action may exist in favor of the estate. Accordingly, the decree of probate and letters testamentary shall limit the authority of the executrix thereunder to the prosecution of a cause of action or a claim for decedent’s personal injuries and/or wrongful death made to the September 11th Victims’ Compensation Fund, pursuant to the Zadroga Act, and the executor is hereby restrained from a compromise of such action or any other action and/or the enforcement of any judgment recovered therein until further order of this court upon the filing of satisfactory security.Additionally, due to the allegations made in the petition, the executrix is restricted to the collection of all other estate assets.Limited and Restricted Letters Testamentary shall issue to Justine Thompson, she having duly qualified according to law, without the necessity of posting a bond, pursuant to Articles FIFTH and SIXTH of decedent’s Will. Decree signed.Dated: February 16, 2018ESTATE OF JASON P. TSENG, a/k/a Jason Tseng, Deceased (18/49) — This is a proceeding to probate a lost will dated December 2, 1989. Despite a diligent search, the original instrument could not be found after decedent’s death on June 4, 2017.When a will is shown to have been in testator’s possession, but cannot be found subsequent to death, there is a rebuttable presumption that it was destroyed by the maker with the intention of revoking it (Matter of Kennedy, 167 NY 163). The proof submitted has overcome this presumption, and the contents of the missing instrument have been proved by means of the propounded copy (SCPA 1407). Furthermore, the distributees have filed their waivers and consent to the copy being probated.The proof further establishes due execution of the lost Will, decedent’s testamentary capacity and freedom from restraint at the time of its execution (EPTL 3-2.1; SCPA 1408). Accordingly, probate of the lost Will as set forth in the propounded copy is decreed and Limited and Restricted Letters Testamentary shall issue to the petitioner.Submit decree incorporating therein a recital of the original Will in full from the propounded copy.Dated: February 22, 2018ESTATE OF CHUN LAI WU, Deceased (13/1298/A) — This is an application by Shuqin Zhao, administrator, to amend/lift the limitations contained in the Limited Letters of Administration issued by this Court on January 7, 2014 so as to enable her to collect an award from the September 11th Victim Compensation Fund.Upon review of all the papers submitted, the application to amend/lift is granted. The limitations on the Limited Letters of Administration are amended/lifted as to the collection of the September 11th Victim Compensation Fund only, and that it does not apply to any actions and/or claims past, present or in the future that may arise on behalf of the estate. No distribution of assets may be made until a compromise proceeding has been filed and reviewed by the Court. This decision shall constitute the Order of this Court. Dated: February 1, 2018
