ESTATE OF ANGEL FULLER, Deceased (17-1964/A) — The administrator, the decedent’s sister, seeks to compromise causes of actions arising from the decedent’s death and judicially account for the settlement proceeds. The petitioner also seeks to purchase an annuity for the decedent’s infant son with his distributive share of the proceeds. The decedent died intestate on November 4, 2016 in a drowning accident. His distributees are a spouse and an infant son. The spouse consents to the application, including taking a significantly reduced share of the net distributable proceeds. Jurisdiction was obtained over the New York City Department of Social Services, Medicare and a funeral creditor seeking to disallow any possible claims that they might seek to assert and they failed to appear on the return date of citation held on the court’s virtual platform or indicate opposition to the court to date. The guardian ad litem (the GAL) appointed for the infant distributee consents to the application including the proposed deviation from the formula enunciated in Matter of Kaiser (198 Misc 582 [Sur Ct, Kings County 1950]) and the purchase of an annuity for her ward with his entire distributive share with payments commencing upon his attaining majority. Under the circumstances presented, including the consents of the spouse both individually and as guardian of the infant’s property, the GAL and the New York State Department of Taxation and Finance, the lack of any other unpaid debts or claims presented herein and the immediacy of death, the request to allocate the net distributable proceeds solely to the wrongful death cause of action is granted. Disbursements are allowed in the reduced sum of $21,337.25 reflecting deduction for certain items normally considered office overhead. Inasmuch as the infant is 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 infant’s share of the proceeds are allowed in the reduced percentage of 30 percent. As requested, after payment of the award for the GAL’s services and $25,000 to the spouse, the remaining proceeds are to be distributed for the benefit of the infant son. The proposed annuity, to be updated as directed below, may be purchased with the infant’s share. Copies of updated annuity selections accompanied by two comparable annuity proposals are to be appended to the decree to be settled hereon. Settle decree. June 1, 2023
ESTATE OF FRANCES SORRENTO, Deceased (22-1427) — This is a proceeding seeking ancillary probate of the decedent’s will dated July 28, 2016, which was admitted to probate in New Jersey, the decedent’s alleged domicile. The petitioner, the decedent’s nephew who is the nominated executor, was appointed fiduciary of the decedent’s estate by the Surrogate’s Court of the County of Sussex, State of New Jersey. The petitioner and another nephew are equal testamentary beneficiaries. It appears that the decedent possessed an interest in real property located in New York State which requires administration. Accordingly, the will is entitled to be admitted to ancillary probate (SCPA 1602), and ancillary letters testamentary shall issue to the petitioner (SCPA 1604 [1] [b]). Decree signed. June 1, 2023
