ADDITIONAL CASES In the Matter of the Application of Astra Maria Rodriguez as Administrator of the Goods, Chattels and Credits Which Were of the Estate of Angel Nunez, Deceased; 2013-3193/B/C/D For Leave to Allocate and Distribute the Proceeds of the Wrongful Death Settlement, as Approved by the Death Compromise Order of Hon. Deborah Ann Kaplan on December 2, 2019, Pursuant to EPTL 5- 4.6, and to Render and Have Judicially Settled an Account of the Proceedings as Such Administrator. DECISION and ORDER Petitioner’s petition for leave to allocate and distribute the proceeds of a wrongful death settlement, and to modify restrictions on petitioner’s Limited Letters of Administration to allow for such allocation, was first filed on December 19, 2019 and, after request by the clerk for additional information, an amended petition was filed January 22, 2024. Nonetheless, petitioner’s application remains deficient. Among other things, the petition fails to state whether there are any Medicaid claims on the estate. Additionally, incident to this application by the administrator of the estate of Angel Nunez for leave to allocate and distribute the proceeds of a wrongful death settlement, the court has been informed that there is a purported nonmarital child of the decedent not listed as a distributee in the underlying administration proceeding. The relief in the instant proceeding, which involves distributions to the purported nonmarital child, cannot be addressed without first properly identifying all the decedent’s distributees and curing any jurisdictional defects in said administration proceeding. Chambers has left voicemails with petitioner’s counsel on October 24, 2024 and November 18, 2024. Accordingly, it is hereby ORDERED that petitioner file an amended administration petition identifying all distributees and requesting to amend the administration record within thirty days of the date of this order. Petitioner is further directed to take any other steps necessary to obtain an Order Amending the Record of Administration. The corrected documents must be filed with the court, with a courtesy copy of all documents emailed to [email protected]. Failure to comply may result in dismissal of this application. This compromise proceeding is held in abeyance pending the issuance of such an Order. The Clerk of the Court is directed to email a copy of this order to counsel as listed below. Dated: December 13th, 2024
