ESTATE OF ROSE DI MARCO, Deceased (15/653/A) — In this accounting proceeding, it appears that Salvatore DiMarco, a distributee, is an incapacitated person, thereby requiring the appointment of a Guardian ad Litem pursuant to SCPA 403(2).Accordingly, the Court appoints Robert A. Mulhall, Esq., as the Guardian ad Litem to protect the interest of such party.The appointment is effective upon the Guardian ad Litem filing with the Court Form UCS 872 entitled “Notice of Appointment and Certification of Compliance,” and upon the Guardian ad Litem duly qualifying pursuant to Uniform Rules for the Surrogate’s Court, Section 207.13(A).This decision shall constitute the Order of the Court.Dated: December 14, 2017ESTATE OF JOHN E. EIB, A/K/A JOHN EIB, A/K/A JOHN EDWARD EIB, Deceased (18/47/A) — Petitioner seeks probate of a propounded instrument, dated December 6, 2013, as the Last Will and Testament of the decedent, and the issuance of Letters Testamentary.Petitioner contends that there will be a substantial delay in the completion of the probate proceeding, inasmuch as jurisdiction has yet to be obtained. Because of this delay, and the need to marshal decedent’s property and pay the necessary expenses of the estate, petitioner has applied for Preliminary Letters Testamentary.After reviewing the petition and the supporting documents, the application is granted. Pursuant to the provisions of SCPA 1412, Preliminary Letters Testamentary shall issue to Richard Tobing, upon his duly qualifying according to law. These letters are subject to the limitations set forth in SCPA 1412(3)(a) and shall remain in effect for a period of six (6) months from the date of issuance.No distribution of assets is permitted pending the further Order of this Court, or until the admission of the Will to probate, and the issuance of Letters Testamentary.After reviewing the documents in support of the application, the Court dispenses with the filing of a bond by the petitioner.Pursuant to SCPA 1412(3)(b), the preliminary executor shall give notice to all parties who have appeared herein within ten (10) days of his appointment.This decision shall constitute the Order of the Court.Dated: February, 2018ESTATE OF MAURICE FARNEL, Deceased (16/977) — In this probate proceeding, the Guardian ad Litem, appointed on behalf of unknown distributees and/or distributees whose whereabouts are unknown, has requested that the matter be restored to this court’s calendar for a conference.Upon the Guardian ad Litem’s request, the court restores this matter to its calendar of Thursday, March 1, 2018 at 2:30 p.m. for conference.The Zimmet Law Group, P.C. and Margaret Mayora, Esq. (Guardian ad Litem), are directed to appear at the Surrogate’s courtroom at said time.The clerk of this court shall serve a copy of this decision by regular mail upon the Zimmet Law Group, P.C. and Margaret Mayora, Esq.This decision shall constitute the Order of the Court.Dated: February 8, 2018ESTATE OF ROBERT J. GAITES, Deceased (11/1108/D) — In this proceeding, the petitioner, Carolyn D. Gaites, is seeking the appointment of a co-trustee of the Trust under Article Third of the Will (“The Trust”) of Robert J. Gaites (“The Decedent”) for the benefit of Carolyn D. Gaites (“The Petitioner”).The petitioner is seeking the appointment of her son, Robert C. Gaites (“Robert”) to serve as co-trustee with her. Petitioner is the surviving spouse of the decedent and beneficiary of the Trust. The Trust is a qualified terminable interest property trust under IRC §2056. The trust is required to pay petitioner all of the net income at least annually. In addition, petitioner may annually withdraw the greater of $5,000.00 or 5 percent of the trust at her discretion. Under the terms of the trust, only a disinterested co-trustee may withdraw principal for petitioner without tax consequences. Petitioner is currently serving as sole trustee.The decedent’s testamentary instruments consist of a Will dated June 9, 2006 and a first Codicil dated November 20, 2009 and a second Codicil dated September 3, 2010. Article FIFTEENTH of the Will addresses the appointment of trustees and provisions for the resignation of trustees and appointment of successor trustees. The Will appoints petitioner and a family friend as co-trustees. The first codicil deleted Article FIFTEENTH of the Will in its entirety and replaced it with a provision appointing petitioner as sole trustee and Robert as successor trustee. The second codicil did not affect the trustee appointments.A Guardian ad Litem was appointed to represent the interests of minors whose interests are contingent based on the exercise of the petitioner’s power of appointment under such Will. The Guardian ad Litem interviewed the drafter of the codicil and his recollection was that the decedent changed his trustee designation because he wanted “family control,” thus removing the non-family co-trustee. The petitioner also stated that the decedent wanted family control and so only wanted family members to serve.Petitioner was appointed as sole trustee on January 18, 2012. Pursuant to EPTL §10-10.1, a beneficiary who is the sole trustee of a trust cannot exercise the power to make principal distributions to oneself. Without the appointment of a co-trustee, the petitioner cannot exercise her annual power of withdrawal of principal.Under SCPA 1502(1) the court has discretion to appoint a co-trustee to execute a power created by a Will or lifetime trust instrument creating a trust. There is ample judicial precedent for the appointment of a co-trustee where a trustee cannot withdraw principal as a sole trustee. Matter of Seidman, 58 AD2d 72, 395 NYS 2d 674 (Second Department 1977), Estate of Herman, NYLJ May 11, 1983, page 13 column 2 (Surrogate’s Court, Bronx County).The Court will exercise its discretion to appoint a co-trustee in this proceeding. The appointment of Robert to serve as co-trustee will allow principal distributions which are provided for under Article Third of the Will. The Codicil did not alter the provision of the Will which allows withdrawal of principal. Thus, the intent of the decedent to withdraw principal remains intact. The Court also looks at the fact that the decedent had named Robert as the successor trustee and as such, the appointment does not contravene any express intent of the decedent to name a different trustee under SCPA 1502(2).The fee of the Guardian ad Litem is hereby fixed at $3,126.00 and shall be paid within thirty (30) days of the date of this decision.Pursuant to SCPA 315(2)(b), service upon the contingent remaindermen of the trust is not necessary.Letters of Trusteeship shall issue to Carolyn D. Gaites and Robert J. Gaites, upon duly qualifying. The necessity of the posting of a bond is hereby waived.Letters of Trusteeship issued to Carolyn D. Gaites on January 18, 2012 are hereby revoked.Submit decree upon Notice of Settlement to the Guardian ad Litem, and any other attorney who appeared in this matter.Dated: February 8, 2018ESTATE OF FLORENCE HAMBURGER, Deceased (94/A/M/24; 94/A/141) — This is a proceeding for the judicial settlement of the account of the Public Administrator of Richmond County as administrator of this estate. The Guardian ad Litem, appointed on behalf of unknown distributees, and/or distributees whose whereabouts are unknown, has filed her report, wherein she consents to the judicial settlement of the administrator’s account. The fee of the Guardian ad Litem is fixed in the amount of $2,550.00 and shall be paid as an administration expense within thirty (30) days of the date of this decision.Jurisdiction over all other necessary parties has been obtained and no objections to any of the relief requested, including approval of attorney fees and fiduciary commissions, has been filed.Upon review of the entire file and upon the recommendation as contained within the report of the Guardian ad Litem, the Court pursuant to SCPA 2225 hereby determines that despite diligent and exhaustive efforts, no information can be adduced that would indicate the existence of distributees in a closer or equal relationship to the decedent than those distributees known to the Public Administrator as indicated within his judicial accounting.Inasmuch as the account of proceedings covered an accounting period up to October 12, 2016, the fiduciary is directed to submit, upon Notice of Settlement to the Guardian ad Litem and any other attorney who appeared in the matter, a final accounting decree with an affidavit bringing his account up to date.Proceed accordingly.Dated: February 8, 2018ESTATE OF HELEN JACKSON, Deceased (13/1025/B) — In this proceeding to determine the validity of a claim, Clove Lakes Health Care and Rehabilitation Center sought the payment of $21,945.00 from the above estate.The matter appeared numerous times on this Court’s Calendar. Additionally, the court appointed a Guardian ad Litem on behalf of an interested party who is under a disability.Prior to the last court appearance, the court received a “Notice of Discontinuance” and, thereafter, on January 17, 2018 the matter was marked “withdrawn.” Pursuant to this Court’s direction, the Guardian ad Litem has filed a final report with an affirmation of legal services.Upon review of all the papers, the application to discontinue without prejudice is granted.The fee of the Guardian ad Litem is fixed at $3,525.00 and shall be paid within sixty (60) days of the date of this decision/order by Clove Lakes Health Care and Rehabilitation Center, the petitioner within the proceeding.This decision shall constitute the Order of this Court.Dated: February 20, 2018ESTATE OF MICHAEL KOPANOS, Deceased (16/591/A) — This is an application by the limited administratrix of the estate to modify the limitations contained in the Limited Letters of Administration issued by this Court on June 13, 2016, so as to enable her to compromise a personal injury cause of action on behalf of the decedent.Jurisdiction over all necessary parties, including the New York State Department of Taxation and Finance, has been obtained.The Guardian ad Litem, appointed on behalf of infant distributees, has filed her report recommending the granting of the application. The fee of the Guardian ad Litem is fixed in the amount of $1,200.00 and shall be paid as an administration expense of this estate within thirty (30) days of the date of the compromise decree. Failure to comply with this directive may result in the imposition of a surcharge and/or sanctions against the fiduciary.Upon review of all the papers submitted, the application to modify the limitations and to settle the personal injury cause of action in the amount of $50,000.00 is approved. Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $17,378.10 to Sacco & Fillas, LLP. Allstate Insurance Company shall be paid $600.00 as full satisfaction of their lien.The distribution of the net proceeds in the amount of $30,821.90 shall be distributed pursuant to EPTL 4-1.1 as follows: $15,410.95 to Evgenia Kopanos, Infant, and $15,410.95 to Chris Kopanos, Infant. The shares of the infant distributees, Evgenia Kopanos and Chris Kopanos, shall be made payable to the duly appointed guardian of the property of the infants, jointly with the Clerk of the Queens County Surrogate’s Court, to be deposited pursuant to and in accordance with the Letters of Guardianship (Property Only) granted under File Nos.2015-4484 and 2015-4485, Queens County.Limitations within the Limited Letters of Administration shall remain in effect as against any other party, and any and all other civil actions until further order of this Court.Incidental relief prayed for is granted.Submit decree upon notice of settlement to the Guardian ad Litem. The final decree must contain decretal provisions providing for the following:1. The immediate notification in writing by the fiduciary to the Guardian ad Litem of the date and details of the payment or delivery to the Guardian of the Property of the Wards of the Guardian ad Litem;2. The proper deposit of the funds in accordance with the guardianship letters;3. The filing of a supplemental report by the Guardian ad Litem within sixty (60) days from the final decree indicating whether or not the decree has been complied with insofar as it affects the Wards.Dated: January 24, 2018ESTATE OF IWONA PAWLISZYN, Deceased (16/1131/A) — This is an application to seek approval of the sale of infants’ interest in real property as described in the petition.After considering all the proof presented, and upon the report of the Guardian ad Litem approving the sale of said premises, the application is granted. The sale is approved in accordance with the provisions contained in the contract of sale as amended by the Assignment of Contract dated January 25, 2018 and the recommendations as contained in the report of the Guardian ad Litem.The fee of the Guardian ad Litem, inclusive of an additional hour for review of closing documents and deposit records, is fixed at $3,117.00. This fee is to be considered an expense incident to the sale of the real property, and as such, is to be paid from the proceeds of the sale.The final order approving the sale must contain a decretal paragraph providing for the immediate delivery to the Guardian ad Litem of a closing statement, with copies of all issued closing checks, as well as, written notification of the payment to and subsequent deposit by the Guardian of said infants’ funds pursuant to and in accordance with Letters of Guardianship of the Property of said infants granted on December 28, 2017 by Middlesex County Surrogate’s Court, State of New Jersey under Docket Numbers 253702.2 and 253701.2.The Guardian ad Litem will thereafter notify the Court in writing whether or not proper receipt and deposit of the infants’ funds occurred.Submit decree upon Notice of Settlement to the Guardian ad Litem.Dated: February 2, 2018ESTATE OF IWONA PAWLISZYN, Deceased (16/1131/A) — In this estate matter, this court by decision dated February 2, 2018 granted an application to sell infants’ interest in real property and directed the deposit of the infants’ shares of the net proceeds in accordance with Letters of Guardianship of the Property issued by Middlesex County Surrogate’s Court, New Jersey.Upon further review of all documents submitted, including the report of the Guardian ad Litem, the court hereby amends its February 2, 2018 decision as relating to the payment of the total net proceeds of the sale. The court hereby amends its February 2, 2018 to direct that the total net proceeds after payment of customary closing costs, shall be paid to Raymond Ryduchowski, Esq., as attorney and escrow agent for Malgorzata Czajkowski, as Limited Administratrix of the Estate of Iwona Pawliszyn. Mr. Ryduchowski shall immediately thereafter deposit said funds into an attorney IOLA escrow account. Distribution of the total net proceeds of the within sale is prohibited without the prior approval of this Court.Upon the scheduling of a closing date, Raymond Ryduchowski, Esq., shall notify the Court and schedule a Court appearance which is to occur within ten (10) days after closing. At the Court conference, the fiduciary and her counsel, as well as the Guardian ad Litem, will appear to address the distribution of the total net proceeds.At least three days prior to the conference, Raymond Ryduchowski, Esq., shall provide copies of all closing documents to the Court and the Guardian ad Litem.In all other respects, the decision dated February 2, 2018 remains in full force and effect and is hereby confirmed.Submit decree upon notice of settlement to the Guardian ad Litem.Dated: February 6, 2018ESTATE OF MARGARET STRAUSS, Deceased (17/888) — Petitioner seeks to admit to probate a testamentary instrument, dated October 2, 2006, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein, the nominated successor executrix. The nominated primary executrix is under a disability.Jurisdiction has been obtained over all necessary parties in this proceeding. The Guardian ad Litem, appointed on behalf of an incapacitated distributee, has filed her 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 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 October 2, 2006, is hereby admitted to probate.Letters Testamentary shall issue to Linda Sollazzo, she having duly qualified according to law, without the necessity of posting a bond, pursuant to Article THIRD of decedent’s Will.Decree signed.Dated: February 8, 2018ESTATE OF WALTER A. URBANSKI, JR. A/K/A ALBERT URBANSKI, Deceased (12/216/O) — This is an application to compromise a wrongful death/personal injury cause of action against several defendants in a multiple defendant lawsuit brought on behalf of decedent’s estate. This Court, by prior orders granted compromise applications as against several co-defendants. Limitation remained within the Letters Testamentary as against non-settling defendants.Jurisdiction has been obtained over all necessary parties, including the New York State Department of Taxation and Finance. Upon review of all the papers submitted, the application to modify the limitations and to settle the wrongful death and conscious pain and suffering causes of action in the amount of $44,926.41 is approved. The allocation of the net proceeds shall be 60 percent to the cause of action for conscious pain and suffering and 40 percent to the cause of action for wrongful death.Pursuant to EPTL 5-4.6, attorney fees, inclusive of disbursements, were fixed and allowed in the total amount of $15,240.97 to Weitz & Luxenberg, P.C.The net balance in the amount of $29,685.44 shall be paid as follows: $17,811.26, payable to Thomas W. Urbanski and Susan A. Polise, as co-executors of the estate of Walter A. Urbanski, Jr., to be distributed pursuant to the terms of decedent’s Will for the portion of the settlement allocated to conscious pain and suffering; and $11,874.18 to Barbara A. Urbanski, as surviving spouse and sole beneficiary suffering a pecuniary loss for the portion of the settlement allocated to wrongful death.The limitations within the Limited Letters Testamentary shall remain in effect, as against any other parties, and any and all other civil actions, until further Order of the Court.Incidental relief prayed for is granted.Decree signed.Dated: February 2, 2018DECREES SIGNED MATTER OF JOHN MARTINELLI; Stella Brown; Kimet Ruci S; Leonard Lubniewski; Edward T. Gottlieb-Q; Henry Stude F.; Lucy C. Pucciarelli-B; Joseph A.; Benny D’Amato; Anthony Troiano-e&f; Wilbur Kullman; John McCloskey; Fiorenzo Villani; John Costa; Iftikhar Ahmad; William Allen Reichert; Louis Harovitz; Edward F. Kessig; Ernest A. Larsen; Vincenzo Montuoro.GUARDIANSHIPSMATTER OF IVAN NANCO ARGUELLO; Sharon Chaplin; John C. Singleton III; J.W.; Annamarie Orlando; Amanda Lipstein; Kathryn E. Iliceto; Michael A. Daleus Jr.; Briana DeSantis.ORDERS SIGNED MATTER OF GERALDINE VIOLA; Carol Hart; Anthony Troiano; Rose DiMarco; Jean Garlington; Steven Laurer; John Holzer; Kevin Schargen; James Elorriaga; Lynne Harris-Madeloni; Albert Gruber; Roberta Wagner; Annie Mae Allison; Theresa Chmilarski; Cristina Lanese.
