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Public Administrator Seeking Approval for Accounting


This matter deals with the account of proceedings of Eric P. Milgrim, the Public Administrator for Nassau County as the administrator of the estate of Nora Mabry who is deceased. The Surrogates Court of the State of New York in the county of Nassau is hearing this case.

Case Background

A New York Probate Lawyer said presented to the court are the first and the final account of the Public Administrator for the estate of Nora Mabry. Nora Mabry died intestate as a resident of Uniondale, on the 26th of December, 1998. The decedent left a will that was dated the 15th of June, 1979. In the will the decedent bequeathed her entire residuary estate to her nephew, Wyman Scott who died after the decedent. The Public Administrator was appointed as the temporary administrator for the estate on the 14th of April, 2005. The will of the decedent was admitted for probate by a decree from this court dated the 11th of May, 2010. Letters of administration were issued to the Public Administrator at this time.

The account that is filed by the Public Administrator shows the receipt of $87,102.28 of estate principal, supplemented by an income collected in the amount of $4,935.98. The total charges came to $92,038.26. This amount was then reduced by administrative expenses through April of 2010. A balance of $23,883.09 was left.

The Public Administrator is seeking approval for the accounting, approval of commissions, the fixing of the fees for the services of the accountant and attorney, and the authorization to distribute the net estate to the court appointed administrator of the estate, Wyman Scott. Additionally, the court must release the Administrator from the surety bond.

Court Discussion and Decision

In regard to the attorney fees charged to the estate, the court has the final responsibility of approving all of the legal fees that are charged to an estate and has the discretion to determine what a reasonable amount is. Suffolk County Probate Lawyers aid in this case the Public Administrator had petitioned the court for approval of the payment of legal fees in the amount of $13,410.50.

The court has reviewed the affirmation of the services that were provided along with the time records that have been submitted to the court. The records indicate the amount of legal time that was spent on estate matters. These records are important to the court when trying to determine reasonable compensation.

The accountant has submitted an affidavit to the court showing the services that were provided in regard to the estate matters. Nassau County Probate Lawyers said this includes preparing the annual federal and state taxes for the estate. It is noted that a final return is still required. The accountant has requested fees in the amount of $1950.00.

Upon review of the account as submitted by the Public Administrator the court finds that the request for fees by both the attorney and the accountant are reasonable. The commission of the administrator is also approved and will be subject to audit.

The decree made by the court will discharge the surety and authorize the Public Administrator to distribute the balance of the net estate to the court appointed administrator of the estate of Wyman Scott.

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