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New York County, Surrogate's Court: October 7 & 8, 2021

New York County, Surrogate's Court: October 7 & 8, 2021

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ESTATE OF MILAGROS LASANTA, Deceased (15-2500/A/B/C) — The court grants this unopposed application by the Administrator of the estate of decedent Milagros LaSanta to compromise for $5,000.00, the claims for decedent’s conscious pain and suffering.1 The requested allocation of 100 percent to the cause of action for conscious pain and suffering is approved. The fees and disbursements of the Administrator’s attorneys are fixed and determined in the amounts requested. The Administrator, who is one of decedent’s two children and distributees, seeks statutory commissions (SCPA 2307), and she is also the funeral creditor. However, the amounts sought to be recouped for funeral expenses exceed the value of the remaining proceeds, and thus there is no net estate for distribution. Decedent’s son and remaining distributee and the New York State Department of Taxation have provided their waivers of citation and consents to the relief requested. The petition is granted, and the account settled. The proceeds are to be distributed as set forth in the decree. The restrictions on the Letters of Administration are modified to allow the compromise. The Administrator is authorized to execute and deliver any papers or electronic authorizations necessary to effectuate the settlement and distribution. Decree settling Administrator’s account signed. Dated: October 7, 2021

1. In the underlying Supreme Court proceeding, the parties executed a Stipulation Discontinuing Wrongful Death Claim dated November 22, 2019.

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