ESTATE OF BETTY FITZGERALD, Deceased (1218P1993/B) — In this estate, an application was made by counsel for the claimant of the estate, Osceola Davis-Smith, for successor letters trusteeship as the previous trustee passed away. The remainder beneficiary, Abdou Lo, appeared by counsel, and objected to the appointment of the claimant as the successor trustee. On April 25, 2022, a conformed written stipulation of settlement was filed with the court, signed individually and by counsel for both parties, in which the parties agree, inter alia, that counsel for the two parties, G. Oliver Koppell, Esq. and Brian DeLaurentis, Esq. would serve as the successor co-trustees on consent. Accordingly, the application is granted subject to the terms of the written stipulation of settlement. Successor letters of trusteeship shall issue to G. Oliver Koppell, Esq. and Brian DeLaurentis, Esq. subject to restrictions pursuant to SCPA 805(3) with regard to the disposition of any real property. Legal fees shall remain subject to judicial review. The Chief Clerk is directed to mail a copy of this decision to counsel. Submit order. April 29, 2022
ESTATE OF ELISA FONTANEZ, Deceased (13-1167/A) — This is an application by the decedent’s son for letters of administration and a determination by the court that the surviving spouse is ineligible to receive a distributive share under EPTL 5.12 (a) (5) and (6). The decedent’s distributees are the petitioner, two other adult children and a spouse, who was previously appointed the estate’s voluntary administrator. The petitioner filed acknowledged waivers and consents for each of the other children. The spouse was cited. On the return date, neither the spouse nor anyone else appeared on the court’s virtual platform in opposition to the application. The court has not received any objections to the requested relief. This unopposed application is granted to the extent that letters of administration may issue to the petitioner upon his qualifying according to law and filing a bond in the penal sum of $__104,821.00__. At this time, however, the court declines to determine whether the spouse is ineligible to receive a distributive share. That issue should be raised by the petitioner in an accounting or other appropriate miscellaneous proceeding after the estate’s assets have been marshaled. Finally, in accordance with this decision, the spouse’s powers as a voluntary administrator shall hereby cease. Submit decree. April 29, 2022
