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Probate Court Hears Case Filed by Fiduciary


Queens Probate 18

This is an uncontested administratix’s accounting proceeding taking place in the Surrogate’s Court of Suffolk County. A New York Probate Lawyer said a stipulation has been submitted to the court for approval into the provisions of an intermediate accounting decree.

Case Background

The decedent died on the 17th of March, 1980. The decedent was survived by a spouse and an infant daughter who was born by himself and his previous wife who also survived the decedent.

The will of the decedent was dated the sixth of December, 1972. In the will he bequeathed all of his real and personal property along with the maximum allowed as a marital deduction to his former wife. The rest was disposed of in a trust for the benefit of his former wife during her lifetime. If the spouse were to pass away the principal of the trust would remain to be held and benefit his daughter when she reaches the age of 30. There were no provisions made in the will for his second wife. As a consequence, his daughter became the sole beneficiary of the estate by the decree of divorce from his ex wife.

The decedent’s former wife entered a petition with the court for the probate of the last will and testament of her ex-husband. Bronx Probate Lawyers said the surviving spouse opposed the petition unsuccessfully. Around three months later the surviving wife of the decedent filed a notice of election against the estate. A discovery proceeding was started by the fiduciary against the decedent’s spouse, which was discontinued with prejudice.

Two years later a petition for an accounting of the estate was filed by the surviving spouse of the decedent seeking a determination of her elective share of the estate. Brooklyn Probate Lawyers said the fiduciary initially contested the application, the differences were resolved, and the proceeding was withdrawn in accordance with the terms of a stipulation of settlement that required the fiduciary to file her account with the court within six months from the date of the agreement.

Court Discussion and Decision

The fiduciary filed the instant accounting proceeding on the fifth of June, 1985. The fiduciary requests the rejection of various claims made against the estate, approval of a payment of those claims that are allowed, a fixation of counsel fees in a stated amount, and authorization to pay the administrator’s commission in the amount of $6,634.03.

The record for this proceeding shows that all of the parties that have appeared in this case are adult and competent. They have all consented to and signed the agreement in the matter. Additionally, the parties that have not appeared in the case have been notified of the settlement and they have not appeared in opposition to the relief being requested in this case.

The court has agreed to the stipulations in regard to the agreement. However, the amount being requested to pay the attorneys from the estate is being lowered from the requested amount of $70,000 down to a sum the court finds to be more reasonable of $25,000.

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