ESTATE OF LILIA BINDER, Deceased (18-3398/A) — Decedent Lilia Binder died intestate on July 28, 2017. In this proceeding to settle the account of the New York County Public Administrator for the administration of decedent’s estate, one alleged distributee appeared, objected, and sought to establish his status. At a kinship hearing before a court attorney-referee, the proof established that decedent was survived by one paternal first cousin as her sole distributee, the objectant here. The guardian ad litem appointed to represent unknown distributees also reached this conclusion and, in her report, filed with the court, interposed no objections to the relief sought in this proceeding. Accordingly, the net estate should be distributed to this first cousin, Alexander Herman. The court is satisfied that diligent efforts have been made from all available sources to determine the existence of other distributees. The court therefore holds that no other distributees exist, except those whose status is established in this record (SCPA 2225). Petitioner’s request is granted as to disallowing claims of Capital One Credit Card, ConEdison (c/o CBHV), NY Presbyterian EMS, and Time Warner Cable (c/o Credit Management, LP) because none filed claims pursuant to SCPA 1803(1) or appeared to substantiate their claims in response to the citation served on them. Petitioner shall supplement her account in accordance with the decision, and as so supplemented, the account is settled. Settle Accounting Decree. Dated: April 8, 2022
ESTATE OF BARBARA WEIDEN SCHWARTZ FISCHLER, Deceased (11-2968/Q/R/S) — Russell W. Rosen and Steven F. Schwartz, Limited Administrators of the estate of Barbara Weiden Schwartz Fischler, have petitioned for: (1) leave to compromise causes of action against Jonathan Schwartz, a distributee, for the wrongful death and conscious pain and suffering of decedent and (2) settlement of their account. Implicit in Petitioners’ first prong of requested relief is the additional request for an order modifying the restrictions in their fiduciary letters.
