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New York County, Surrogate's Court: July 6, 2021

New York County, Surrogate's Court: July 6, 2021

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Surrogate Mella

ESTATE OF KIN FAI CHAN, Deceased (19-48/A/B/C) — The court grants this unopposed petition by the Administrator of the estate of decedent Kin Fai Chan to allocate and account for the $675,338 award provided by the September 11th Victim Compensation Fund (the “VCF,” as further authorized by the James Zadroga 9/11 Health and Compensation Act of 2010, Pub L 111-347, 124 Stat 3623 [2011] and further authorized by Pub L 116-34, 133 Stat 1040 [2019] [the "9/11 Acts"]). The Administrator, who is decedent’s daughter, seeks to allocate the proceeds, in line with the VCF award itself, 74.04 percent to personal injury or conscious pain and suffering claims and 25.96 percent to the cause of action for wrongful death. Decedent developed lung cancer from exposure during and in the aftermath of the attacks on September 11, 2001. He was survived by a spouse and three adult children. After payment of attorneys fees (at the maximum contingency rate of 10 percent per the 9/11 Acts), the petition proposes that the amounts allocated to the cause of action for wrongful death be distributed to the surviving spouse, while the remaining proceeds pass in intestacy to all distributees. Reimbursement of funeral expenses is being made from the wrongful death portion of the award to Petitioner as funeral creditor. There is no request for statutory commissions (SCPA 2307). All parties have consented to the relief requested. The attorneys fees are fixed and determined as requested in the petition. The proceeds are allocated as requested, and the account is settled. The restrictions on the letters issued by this court are modified to allow this compromise, and the Administrator is authorized to collect the proceeds and to execute such receipts and releases as may be required. The net settlement proceeds shall be distributed as requested in the petition and set forth in the decree. Decree settling the Administrator’s account signed. Dated: July 6, 2021

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