Surrogate Malave-Gonzalez ESTATE OF ANGEL MILLER, Deceased (18-377/A) — The administrator, the decedent’s spouse, seeks to compromise causes of action arising from the decedent’s death and judicially account for the settlement proceeds. The decedent sustained scald injuries and died intestate on October 19, 2017 as a result. His distributees are the petitioner and five children, one of whom was over the age of 21 and two of whom were under the age of 21 on the date of death, and two infants. The guardian ad litem appointed for the infants originally objected to the proposed distribution that provided for a deviation from the formula enunciated in Matter of Kaiser (198 Misc 582 [Sur Ct, Kings County 1950]) with a small distribution to the distributee who was over 21. As the other distributees had consented to a reduction of their shares to afford distribution to her wards in excess of their Kaiser percentages, the guardian ad litem amended her report to recommend approval of the application. Under the circumstances presented, including the consents of the petitioner as guardian of the infants’ property, the adult children and the New York State Department of Taxatio and Finance and the lack of any unpaid debts or claims presented herein, the request to allocate the net distributable proceeds to the wrongful death cause of action is granted. Disbursements are allowed in the sum requested. Inasmuch as the infants are not bound by the terms of the retainer agreement (see Matter of Muccini, 118 Misc 2d 38 [Sur Ct, Queens County 1983]), counsel fees for the infants’ share of the proceeds are allowed in the reduced percentage of 30 percent. As requested, the sum of $4,700.84 is to be paid to the New York City Human Resources Administration for public assistance furnished to the petitioner by deduction from her distributive share. As requested, the remaining proceeds are to be paid to the spouse and five children as follows: 52 percent to the spouse, allowing for the aforesaid deduction; 2.67 percent to Dominique M; 4 percent to Angeline M.; 5.33 percent to Angel M., Jr.; 13.33 percent to Jenallee M. and 22.67 percent to Jayven M. Each infant’s share is to be paid to the duly appointed guardian of that infant’s property jointly with the Guardianship Clerk of this court, subject to further order of the court. Settle decree. November 7, 2022
ESTATE OF CHRISTEL WILHELMINE AUGUSTE BAESLACK a/k/a CHRISTEL BAESLACK, a/k/a CHRISTEL W. BAESLACK, a/k/a CHRISTEL W.A. BAESLACK, Deceased (21-2289) — Before the court in this contested probate proceeding is a motion by the petitioner’s attorney to (i) withdraw as counsel and (ii) have the affirmation he submitted in support of his application sealed by the court. Christel Wilhelmine Auguste Baeslack (the “decedent”) died on July 9, 2021, survived by two sons, the petitioner, George Baeslack (“George”), and Peter Baeslack (“Peter”). George seeks to probate the decedent’s purported will, dated May 14, 1997, under which he is the nominated fiduciary. Peter objects to George becoming the estate’s executor.
