Surrogate Malave-GonzalezESTATE OF ADRIENNE BONO, Deceased (09-1709) — In this contested probate proceeding the petitioner, the surviving nominated co-executor and preliminary co-executor, seeks to probate an instrument dated October 9, 2001. The decedent has no known distributees. The propounded instrument names several charities as the only beneficiaries. Objections with a jury demand were filed by the fiduciary of the estate of an alleged post-deceased cousin, the Public Administrator and the guardian ad litem appointed for unknown distributees. The court previously granted summary judgment on all issues raised in the probate proceeding except the issue of testamentary capacity (see Matter of Bono, NYLJ, Mar. 30, 2015 at 21, col 2 [Sur Ct, Bronx County 2015]).All of the objections and issues which were or could have been raised by the parties were settled pursuant to the terms of two written stipulations dated May, 2017 and November 15, 2018 (collectively “The Settlement Agreement”) entered into by the parties and/or their counsel, the Public Administrator, Attorney General and the guardian ad litem which provide, inter alia, that: (1) all of the objections are withdrawn and the probate proceeding is to proceed on an uncontested basis; (2) the charities are to be paid certain distributions within fifteen days after entry of the probate decree; (3) the parties are to expeditiously execute consents and letters testamentary shall issue to the petitioner; (4) the petitioner and the executor of the estate of the deceased preliminary co-executor are to commence an accounting proceeding on or before December 20, 2018; (5) all counsel agree to accept service of the citation in the accounting and all other proceedings on behalf of their respective clients; (6) the former and present preliminary co-executors and their counsel agreed to a reduction in compensation sought; (7) the petitioner represents that all required New York State and federal income tax returns were filed and estimated estate taxes will be paid; (8) the residuary estate is obligated to pay all estate and income taxes payable by the estate, including penalties and interest due; (9) the executor is to continue to hold the assets of the estate for a certain period pending the establishment of kinship by the objectant or any distributee; and, (10) in the event that the objectant or another party who asserts that he is a distributee of the decedent submits evidentiary proof and participates in a kinship hearing and does not prevail, he/she may seek reimbursement of appropriate legal fees by the estate as determined by the court. Thereafter, the petitioner and fiduciary of the estate of the deceased preliminary co-executor commenced an accounting proceeding, as stipulated.The court is satisfied that the testator executed the will dated October 9, 2001 in its present form in compliance with the statutory requirements that, at the time of its execution, the testator was competent to make a will and was free from restraint. Accordingly, the will dated October 9, 2001 is entitled to be admitted to probate, subject to the terms of the Settlement Agreement (see EPTL 3-2.1; SCPA 1408).Decree signed.February 27, 2019
ESTATE OF AMARU MINKINS-MILLIN, Deceased (17-1833/A) — The administrator, the decedent’s father, seeks leave to compromise claims arising from the decedent’s death and to judicially account for the recovery and a no-fault insurance death benefit.The decedent sustained injuries after being struck by an automobile on March 13, 2015 and died intestate on November 10, 2015. The decedent’s sole distributees are his parents. Under the circumstances presented, including the consent of the decedent’s mother and the New York State Department of Taxation and Finance, the lack of debts or claims other than those presented herein and that the decedent did not regain consciousness after the accident, the request to allocate the entire net settlement proceeds to wrongful death is approved.Disbursements and counsel fees are allowed in the sum requested. The sum of $175.97 is to be paid to the New York City Department of Social Services in satisfaction of its claim. The sum of $1,374 is to be paid to NYC Fire Department EMS and $309.12 is to be paid to ENT and Allergy Associates, LLP, in satisfaction of their claims. The net distributable proceeds are to be paid to the decedent’s parents in equal shares.Decree signed.February 26, 2019
