ESTATE OF ANA OBREGON, Deceased (22-34) — In this application by a brother of the decedent for letters of administration, a waiver and consent was filed for two distributees, a niece and nephew, jurisdiction was obtained over the decedent’s other distributees, a niece and three brothers, and there was no appearance in opposition on the return date of citation on the court’s virtual platform, nor has the court received any opposition to the application to date. Accordingly, in the absence of any opposition, the application is granted and letters of administration shall issue to the petitioner upon his filing a bond in the penal sum of $653,000. Submit decree. February 7, 2023
ESTATE OF DANIEL SMITH, Deceased (16-1032) — In this highly litigated probate proceeding where the decedent transferred principally all of his assets to a daughter and an intervivos trust and executed a testamentary instrument naming the daughter as sole testamentary beneficiary shortly prior to his death, guardian ad litems were appointed for the decedent’s son and spouse both of whom were then thought to be under a disability. The guardian ad litem appointed for the son rendered certain services and was granted leave to resign, and a successor guardian ad litem was appointed for him. None of the guardians ad litem have received any compensation for their services from the first date of appointment, June 22, 2016, to date. In support of their applications, the former guardian ad litem for the son submitted invoices documenting 7.2 hours of services performed between July 8, 2016 and August 18, 2016 and raised certain questions concerning the propounded instrument in a probate proceeding and an intervivos trust into which the decedent transferred realty and an IRA shortly before his death. The successor guardian ad litem for the son documented 117.50 hours of services between August 3, 2017 and February 25, 2020. Those services involved participating in litigation proceedings involving the intervivos trust and the propounded testamentary instrument, and negotiations concerning VCF awards for the decedent’s personal and economic injuries on behalf of his ward. He continued to perform substantial additional services in finalization of the decedent’s estate including settlement of the executor’s account without additional compensation sought from February, 2020 to date. A guardian ad litem was appointed for the decedent’s spouse after her former counsel was granted leave to resign and it appeared that she could not proceed pro se at the time. That guardian ad litem documented services rendered between September 24, 2019 and October 31, 2019 and was thereafter privately retained by the spouse. His negotiations resulted in the recapture of the marital residence that was deeded to the intervivos trust and an interest in the decedent’s IRA and the VCF settlement proceeds. In fixing the reasonable compensation of the guardian ad litems, the court considered each of the factors set forth in Matter of Freeman (34 NY2d 1, 9 [1974]) for the fixation of a legal fee on a quantum meruit basis. Specifically, the court considered, inter alia, that the estate assets consist of $579,000 proceeds from a VCF settlement, the spouse and son were not beneficiaries of the decedent’s will, IRA, and the intervivos trust only granted the spouse a lifetime interest in the marital residence, substantial pre-death transfers were recaptured for the spouse’s benefit, including realty valued at $800,000 and a one-fourth interest in an IRA valued at $240,000, and pursuant to a “so-ordered” stipulation in which the successor guardian ad litem was instrumental in effectuating, the spouse and son are to equally share in the VCF recovery, the services rendered by the respective guardians ad litem were necessary and beneficial to their wards and resulted in significant redistributions of the assets of the estate, intervivos trust and realty on their behalf. February 6, 2023
