Surrogate TitoneESTATE OF ARTHUR HUSS, Deceased (18-868) — Petitioner seeks to admit to probate a testamentary instrument, dated June 10, 2016, which purports to be the Last Will and Testament of the within decedent and to issue Letters Testamentary to the petitioner herein.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 June 10, 2016, is hereby admitted to probate.Letters Testamentary shall issue to Richard Huss, he having duly qualified according to law, without the necessity of posting a bond, pursuant to Article FIFTH of decedent’s Will.Preliminary Letters Testamentary heretofore issued on November 2, 2018 are hereby revoked.Decree signed.Dated: February 13, 2019
ESTATE OF MARTHA HYMAN, Deceased (A-177/06/A) — The limited administratrix of this estate has moved to modify the limitations contained in the Limited Letters of Administration issued by this Court on March 7, 2006 so as to enable her to compromise a wrongful death/personal injury cause of action on behalf of decedent.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/personal injury claim in the amount of $650,000.00 is approved. All proceeds are allocated to the cause of action for personal injury.Attorney fees, inclusive of disbursements, are fixed and allowed in the total amount of $187,290.52 to Duffy & Duffy, Esqs. Ereline Davis shall be paid $4,435.00 as reimbursement for the payment of decedent’s funeral expenses. Ereline Davis shall be paid $17,881.28 as her statutory commission. Medicaid shall be paid $17,199.65 as and for full satisfaction of their claim.The net balance in the amount of $423,193.55 shall be paid to the decedent’s distributees pursuant to EPTL § 4-1.1 as follows: $60,456.23 to Ereline Davis; $60,456.22 to Evelyn Davis; $60,456.22 to John Davis; $60,456.22 to Geraldine Davis; $60,456.22 to Bette Russell; $60,456.22 to Hattie Moore; $60,456.22 to Arthur Bratley.Incidental relief prayed for is granted.Submit Decree upon Notice of Settlement to Medicaid.Dated: January , 2019
