DECISION & ORDER Incident to her final accounting in the estate of Cortney Lawrence, the Public Administrator requests a determination of the identity of decedent’s distributees. Ellen LaChance, as executor of the estate of Marilyn McGuire, filed objections to the petition and objected solely to the Public Administrator’s designation of Marilyn McGuire as an “alleged maternal cousin.” Anthony Marsellis, an alleged creditor of the estate filed objections to the account based on the petitioner’s failure to designate him as a funeral creditor. Mr. Marsellis filed supplemental objections to the account claiming that the account failed to include a debt owed to him for personal home care services allegedly rendered to the decedent. On February 6, 2024, a kinship hearing was held before a court attorney-referee. Based upon the proof submitted at the hearing, in which the guardian ad litem for unknown distributees participated, the court finds that decedent was survived by one maternal first cousin, Marilyn McGuire. The court is satisfied that diligent and exhaustive efforts have been made, without success, to ascertain the existence of other distributees, that more than three years have elapsed since decedent’s death, and that no claim to a distributive share in the estate has been made by any other person. It is therefore determined that no other distributees exist (SCPA 2225). The final report of the guardian ad litem indicates that she is satisfied that the identity of the decedent’s distributees has been established. Regarding Mr. Marsellis’s claim for reimbursement for payment of funeral expenses, counsel for the Public Administrator indicated at the hearing that he has now been reimbursed for these expenses and thus this objection is dismissed as moot. Regarding Mr. Marsellis’s claim against the estate for personal home care services allegedly rendered to the decedent, his counsel notified the court by email dated January 30, 2024, that Mr. Marsellis would not pursue this claim. Neither Mr. Marsellis nor his counsel attended the kinship hearing. Based on this email and Mr. Marsellis’s failure to attend the hearing or otherwise pursue this claim, this objection is dismissed. Settle decree providing for compensation of the guardian ad litem. Dated: July 17, 2024
