Surrogate Mella ESTATE OF TREMEL INEZ REID, Deceased (21-760A/B/C) — The proposed compromise of causes of action related to decedent Tremel Inez Reid’s personal injuries is approved. Decedent died on November 22, 2020 of causes unrelated to the personal injury action underlying the instant petition to compromise. The unopposed petition is granted. The restrictions contained in the Letters of Administration issued to the co-Administrators are modified to permit the compromise and they are authorized to collect the settlement proceeds and execute any necessary receipt and release agreements. Co-Administrator Devon Scarlett’s request for reimbursement for decedent’s funeral expenses is granted. Payment of statutory commissions as calculated is allowed (see SCPA 2307). Certain payments from these settlement proceeds, which are an estate asset, are allowed and will be made in accordance with the October 11, 2016 Order and Judgment of the Honorable Robert T. Johnson appointing a guardian for the person and property management of decedent.1 The claim against decedent’s estate by Casecash GP, LLC, as well as the Medicaid lien, and Medicare lien are allowed as requested and enumerated in the Decree. The legal fees of Petitioners’ counsel are fixed and reimbursement for their disbursements allowed. The balance of the settlement proceeds shall be paid as set forth in the Decree to decedent’s five distributees (EPTL 4-1.1[a][3]). Decree settling the co-Administrators’ account is signed. Dated: April 7, 2023
1. As a result of an unrelated condition, but necessary for the continued prosecution of the personal injuries causes of action, Family Services of Yonkers was appointed as decedent’s Guardian of the Person and Property Management by Justice Johnson’s Order. Justice Johnson directed the Guardian to pay, from decedent’s assets, the sums allowed by the court for the legal fees of the petitioner in the guardianship proceeding (Donna Cottrell) and for the court evaluator, but those sums remain outstanding and Petitioners seek to pay them here. That request is being granted. However, Petitioners’ request that additional legal fees and disbursements of counsel for the petitioner in the guardianship proceeding — not allowed by Justice Johnson’s Order — be paid from these settlement proceeds is denied as those fees are not a debt or claim against decedent’s estate. This denial is without prejudice to the pursuit of those fees in another forum (see Seth Rubenstein, P.C. v. Ganea, 41 AD3d 54 [2d Dept 2007]).
