Surrogate Malave-GonzalezESTATE OF ALTIMON ARMSTRONG, Deceased (17-1504/A) — On the return date of this order to show cause filed by the petitioner, the decedent’s spouse, seeking to extend the petitioner’s time to file a notice of the right of election pursuant to EPTL 5-1.1-A (d) (2), jurisdiction was obtained over the decedent’s four children, two of whom defaulted, and the attorneys for the petitioner and the executors, two of the decedent’s daughters, appeared, and the court directed that objections, if any, were to be served and filed on or before February 11, 2019. No opposition has been filed to date.The decedent died on January 19, 2017 at the age of 86. His distributees are the spouse and the four children. The decedent’s will dated May 29, 2015 was admitted to probate pursuant to decree dated August 11, 2017. The spouse is the beneficiary of all of the decedent’s tangible personal property, certain real property located in New York and South Carolina, a hardware business, and is the sole residuary beneficiary. The will also devises additional real property to each of the children.EPTL 5-1.1-A (d) (1) provides that a right of election must be made within six months from the date of issuance of letters testamentary or administration, as the case may be, but in no event later than two years after the date of the decedent’s death, provided that no decree settling the fiduciary’s account has been made (see Matter of Rosenkranz, NYLJ, Nov. 21, 2000 at 30, col 5 [Sur Ct, Nassau County 2000]).On this state of the record, given that the proceeding was filed within two years of the date of the decedent’s death, the executors have not yet accounted, the spouse alleges that the executors have not responded to her inquiries concerning the circumstances of the transfer of the hardware business to one of the daughters prior to the date of the decedent’s death and the valuation of the estate on the ET-706 tax return, the lack of opposition, and the spouse having demonstrated good cause for the grant of leave to file a late notice of intention to seek a spousal right of election, the application is granted (see EPTL 5-1.1-A [d] [1], [2]; Matter of Fernandez, 1 Misc 3d 908 [A], 2003 NY Slip Op. 51597 [U] [Sur Ct, Bronx County 2003]).Accordingly, the petitioner’s time to serve and file her notice of right of election is extended to 30 days after the date of entry of this decision, which constitutes the order of the court.The chief Clerk shall mail a copy of this decision and order to counsel for the spouse and the executors.Proceed accordingly.March 6, 2019
ESTATE OF CARMEN VELEZ, Deceased (17-2156/A) — The administrator, the decedent’s son, seeks leave to compromises causes of actions from events leading to the decedent’s death and judicially account for and distribute the settlement proceeds.Decedent’ died intestate on March 7, 2017 as a result of a motor vehicle accident. The decedent’s only other distributee, another son, consents to the relief requested. The New York State Department of Taxation and Finance also consents to the application.Disbursements are allowed in the reduced sum of $371.00 eliminating certain items normally considered office overhead. Counsel fees in accord with the retainer agreement are allowed. The sum of $8,900.00 is to be paid to the Department of Social Services for it’s claim.The net distributable proceeds are to be paid equally to the decedent’s children (EPTL 4-1.1 [a] [3]).Decree signed.March 5, 2019
