Decision & Orders signed: December 15 & 18, 2023 Surrogate Gingold
ESTATE OF MELISSA BARROW McCLURE, Deceased (19-3473/A/B/C) — The petition by the fiduciary of the deceased Administrator of the Estate of Melissa Barrow McClure for leave to compromise causes of action for decedent’s wrongful death and conscious pain and suffering is granted. The restrictions contained in the letters issued to the Administrator are modified to the extent necessary to allow this compromise, and the petitioner is authorized to collect the settlement and execute the necessary receipts and releases. The settlement proceeds are allocated as follows: 100 percent to the cause of action for wrongful death. The fees and disbursements of petitioner’s attorney in this proceeding are fixed and determined as set forth in the decree. The petitioner is authorized to pay the Estate of Dorry Chitwood, as funeral creditor, the sum of $6,199.25 as reimbursement for decedent’s funeral expenses. The statutory commissions of the Administrator for her services as Administrator of the Estate of Melissa Barrow McClure are fixed and determined as set forth in the decree and should be paid by petitioner to the Estate of Dorry Chitwood. The petitioner’s request for reimbursement of administration expenses and related legal fees is denied as there are no estate assets. The balance of the settlement proceeds and the no-fault death benefit payable to decedent’s estate shall be distributed to decedent’s brother and to the Estate of Dorry Chitwood as set forth in the decree. The Account is settled, and the decree is signed. The court clerk shall serve a copy of this decision to all parties in the proceeding by email at the addresses below. Dated: December 15, 2023
