Surrogate AndersonWill of RONALD CHARASZ, Deceased (13-1345/H) — This is a petition by decedent’s former spouse as the parent of an infant beneficiary of a testamentary trust to compel the trustee to account. The petition is denied as premature.Petitioner acknowledges that the trustee is not in a position to marshal any trust assets. At a conference with a court attorney, there was no dispute as to the relevant facts.Decedent and petitioner were engaged in a contentious divorce, and petitioner’s appeal of a lower court order directing equitable distribution of the marital assets is pending. Until the litigation is concluded, the executor is unable to identify or collect estate assets distributable to the trust. An accounting by the trustee at this stage would therefore be a fruitless exercise requiring unnecessary expense to the trust.This decision constitutes the order of the court.Dated: April 29, 2019Estate of KARL W. CHRISTIAN, Deceased (02-4044/A) — This is a contested proceeding for letters of administration c.t.a. following the prior issuance of a probate decree in the estate of Karl Christian.Testator died on October 1, 2002. His will, under which all of his assets poured into an inter vivos trust, was admitted to probate, and letters testamentary issued to his father in November 2002. No further activity occurred in this court for sixteen years, when this petition was filed.Prior to his death, testator was working as an anesthesiologist at Wycoff Heights Medical Center (“the hospital”). After his death, a patient brought a medical malpractice action against testator’s estate, other doctors, and the hospital. The hospital settled the lawsuit through its insurance carrier, petitioner Lexington Insurance Company (“LIC”), without contribution from testator’s estate nor his insurance carrier, Medical Protective Company (“MPC”). In order to seek such contribution from MPC, LIC, as subrogor of the hospital, wishes to commence an action for common law indemnity against testator’s estate. However, testator’s executor and the first and second successor executors nominated in his will have all post-deceased him. Consequently, there is no duly appointed fiduciary to represent the estate in any such litigation. Thus, LIC has brought the instant petition seeking to have MPC or, in the alternative, the Public Administrator, appointed as administrator c.t.a. so that LIC can initiate an action for indemnity against testator’s estate.Respondent MPC objects to the petitioner’s request that it be appointed administrator c.t.a. on the ground that it has no legal authority to act as a fiduciary and is thus not a statutorily eligible party. The court agrees (SCPA 707).Respondent also objects to the appointment of any fiduciary for testator’s estate because it claims, on numerous grounds, that there is no merit to petitioner’s proposed lawsuit for common law indemnity. However, the merits of LIC’s proposed lawsuit are beyond the scope of this proceeding and will not be addressed in this forum.Accordingly, the court appoints the Public Administrator a administrator c.t.a. of testator’s estate solely for the purpose of taking such steps as may be necessary in any litigation brought by LIC, as subrogor of Wycoff Heights Medical Center against the estate.Settle decree.Dated: April 29, 2019Matter of KENNETH RUSSELL FORKEY, Deceased (09-4359/J) — The proposed compromise of causes of action for decedent’s conscious pain and suffering and wrongful death is approved. The proceeds are allocated 100 percent to the cause of action for wrongful death.The restrictions contained in the letters issued to the administrator are removed and he is authorized to collect the settlement and execute the necessary receipts and releases.The compensation and disbursements of the attorneys for the administrator are fixed and determined. The net proceeds shall be paid to decedent’s parents, Russell Forkey and Susan Forkey, in equal shares.Dated: April 29, 2019
