ESTATE OF EUGENE BERGEN, DECEASED. (14-1940/A) — In this final accounting in the estate of Eugene Bergen, who died intestate on May 15, 2013, the New York County Public Administrator requests that the court determine the identity of decedent’s distributees. The Public Administrator reports a gross estate of $3.8 million with a balance on-hand of $3.4 million. The accounting petition was objected to by alleged distributees of the decedent who sought to prove their status.Based on proof submitted at a kinship hearing before a court attorney-referee, the court finds that decedent was survived on the paternal side by Seymour Shenk and Sylvia Windisch, both of whom post-deceased decedent, and by Martha S. Kaplan, who is a maternal and paternal first cousin.1 On the maternal side, the proof established that decedent was survived by Ms. Kaplan only. The court is satisfied with the parties’ efforts to determine the existence of other distributees.2 SCPA 2225(b) requires that searches be conducted from “available sources.” This means that the searches which can be conducted for distributees are limited to those following reasonable leads as to the whereabouts or existence of other, possible distributees. Here, the evidence demonstrates that all reasonable leads were pursued, and consequently, the court concludes that diligent and exhaustive efforts have been made to search for other distributees of this decedent. The court therefore finds that no other distributees exist, except those whose status is established in this record (SCPA 2225).In accordance with the unopposed recommendation of the guardian ad litem, the net estate shall be distributed one-half to Martha S. Kaplan, and the other one-half shall be distributed, in equal shares, to Martha S. Kaplan, Stacie L. Hancock, as Administrator of the Estate of Seymour Shenk, and Wilfred D. Windisch, as Executor of the Estate of Sylvia Windisch (EPTL 4-1.1[a][6]; Matter of Adler, 175 Misc 2d 357 [Sur Ct, NY County 1997]).The Public Administrator shall supplement her account by affidavit, and as so supplemented, the account is settled.Settle decree.Dated: January 12, 2018
1. In his second marriage, decedent’s maternal grandfather, Benjamin, married decedent’s paternal grandmother, Anna. This was Anna’s second marriage as well. Ms. Kaplan is the daughter of Benjamin and Anna’s biological daughter, Fannie.2. The Public Administrator and the guardian ad litem appointed to represent the interests of decedent’s unknown distributees conducted a significant amount of research in this case in addition to that conducted by the objectants.ESTATE OF GEORGE J. TRIANO, Deceased. (15-3783/B) — In this accounting proceeding by the Public Administrator, the court is asked to determine the validity of a claim and the identity of decedent’s distributees. Based upon proof submitted at a kinship hearing held before a court attorney-referee on June 27, 2017, the court finds that decedent, George J. Triano, who died intestate on July 13, 2015, was survived by seven first cousins as his distributees, all on the maternal side of the family. These cousins are: Gloria M. Stephens, Dolores C. Stephens, also known as Dolores Silvestri, who post-deceased the decedent, Victor E. DeStefano, Robert DeStefano, William E. Cosentini, Mary Anne Cosentini, and Stephen G. DeStefano.The unopposed claim of Mary Anne Cosentini in the amount of $300.00 for payment of Decedent’s memorial services is allowed in full.Accordingly, the Public Administrator is directed to distribute the net estate in equal shares to: Gloria M. Stephens, Charles Silvestri as executor of the estate of Dolores C. Stephens, also known as Dolores Silvestri, Victor E. DeStefano, Robert DeStefano, William E. Cosentini, Mary Anne Cosentini, and Stephen G. DeStefano (EPTL 4-1.1 [a] [6]).The Public Administrator shall supplement her account by affidavit and, as so supplemented, the account is settled.Settle Decree.Dated: January 12, 2018
