DECISION Incident to the accounting in the estate of Rene Fuss, the Public Administrator requests a determination of the identity of decedent’s distributees. On January 16, 2024, Monika Koch-Emsermann, Inge Turban, Jerome Pascal Fuss, Claude Dominique Fuss, Melanie Madeleine Fuss, Marie Josaine Fuss Wacker, Fredy Joseph Fuss and Yolande Benita Fuss Mattarini filed objections to the petition and objected solely to the Public Administrator’s designation of them as “alleged” distributees. The petition also identifies the estate of Oskar Joseph Fuss as an alleged distributee. On June 7, 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 Monika Koch-Emsermann, Inge Turban, Jerome Pascal Fuss, Claude Dominique Fuss, Melanie Madeleine Fuss, Marie Josaine Fuss Wacker, Fredy Joseph Fuss, Yolande Benita Fuss Mattarini, and Oskar Joseph Fuss (post-deceased). After the kinship hearing, on August 19, 2024, Marie Louise Fuss, the widow of Oskar Joseph Fuss, filed objections to the petition and objected to the Public Administrator’s designation of Oskar Joseph Fuss as an “alleged” distributee. Objectant Marie Louise Fuss asks that the court issue an order directing that Oskar’s share of decedent’s estate be paid directly to her, as Oskar’s sole heir under French law. In support, she submits a letter dated October 25, 2024, attaching an updated family tree chart and documents consisting of vital records, a certificate of inheritance from a notarial office in France, and an affidavit of French law. The documents have been authenticated as required by CPLR 4542 and are hereby admitted into evidence, without objection, as exhibits E (1)-(8). This evidence is sufficient to show that Marie Louise Fuss is Oskar’s sole heir and is entitled to inherit Oskar’s entire share of decedent’s estate (Matter of Lopkovitz, NYLJ, December 4, 2013, p 22, col 3 [Sur Ct, New York County] [directing payment of distributees' shares directly to parties who submitted certificates of inheritance establishing their right to inherit from said distributees]). Accordingly, the net estate shall be distributed pursuant to EPTL §4-1.1(a)(6), as required therein by representation (EPTL §1-2.16), that is, it shall be divided into equal halves, and the maternal half further divided into two shares, and one share each shall be distributed to Inge Lang Turban and Monika Koch-Emsermann. The paternal half shall be divided into four shares and one share shall be distributed to Marie Louise Fuss, as the sole heir of Oskar Joseph Fuss. The remaining three shares on the paternal side shall be recombined and split into six equal shares to be distributed to Fredy Joseph Fuss, Marie Josiane Fuss Wacker, Yolande Benita Fuss Mattarini, Jerome Pascal Fuss, Melanie Madeleine Fuss and Claude Dominique Fuss. Settle decree providing for compensation for the guardian ad litem. Dated: November 20, 2024
