Surrogate MellaWILL OF ADELAIDE BURR OURSLER (12-3703/C,D), Deceased — Before the court are competing petitions for the appointment of a successor trustee for a trust created under the will of Adelaide Burr Oursler. In his supplemental report filed on I · December 12, 2018, the guardian ad litem (GAL) appointed to represent the interests of an infant remainder beneficiary advises the court that the parties have come to a settlement, memorialized in a Stipulation of Settlement signed by the parties. The GAL reports that he believes that the settlement is in his ward’s best interests and seeks the court’s permission to enter into the Stipulation on his ward’s behalf. Upon review of the report and the Stipulation of Settlement, the court agrees with the GAL and authorizes him to execute the Stipulation on his ward’s behalf.Settle decree providing for appointment of successor trustee and compensation of the GAL. Dated: January 2, 2019WILL OF THOMAS SCHLANGER, (16-4347), Deceased — In this probate proceeding, the guardian ad litem (“GAL”) appointed to represent the interest of decedent’s surviving spouse has no objection to the validity of the propounded instrument dated December 9, 2009, and its admission to probate, but seeks permission to file a notice of election on behalf of her ward. Decedent died on September 2, 2016, survived by a spouse and their three children. Under the propounded instrument, decedent left his entire estate valued at $500,000-consisting of his interest in a cooperative apartment and personal property-to a daughter, the proponent here. By Judgment dated December 11, 2015, the Superior Court of New Jersey, Monmouth County Chancery Division, Probate Part, adjudicated decedent’s surviving spouse incapacitated and appointed guardians of person and property for her. Accordingly, in the probate proceeding in this court, citation was duly served and the probate decree was settled on the spouse’s guardians (SCPA 307 [5]). In her second supplemental report filed on August 16, 2018, and in her revised second supplemental report filed on November 8, 2018, the GAL indicates that her ward does not receive public assistance and pays for her care at a private assisting living facility. The GAL recommends that because her ward does not receive her intestate share, and in light of the value of decedent’s probate and non-probate assets, the court should authorize her to file a notice of right of election on behalf of her ward (EPTL 5-1.1-A [ c] [3] [D]) and that a Supplemental Needs Trust be created to receive the ward’s elective share when such is determined. Since the surviving spouse’s guardians of person and property not only have the right to make such election on behalf of the spouse (EPTL 5-1.1-A [c][3][C]), but also might be in a better position to determine whether exercise of the spouse’s right of election is in her best interest, the court is not persuaded that the GAL should be given authority to make the election. Accordingly, the GAL’s request for permission to file notice of election on her ward’s behalf is denied. The court notes that, if a notice of election is to be made, it must be accompanied by a petition for an extension of time to file such notice (EPTL 5-1.1-A [d][2]). The GAL is allowed $3,500 as compensation for her services and the executor is directed to pay such compensation within 30 days of the date this decision. This decision constitutes the Order of the court. Clerk to notify. Copies of this decision shall be mailed to the guardians of person and property of decedent’s surviving spouse. Dated: January 3, 2019
