ESTATE OF LINDA LAVONDA RICHBURG JAMES, Deceased

ESTATE OF LINDA LAVONDA RICHBURG JAMES, Deceased (13/626/E) — In this application, the petitioner, the decedent's spouse who is the administrator of the decedent's estate, seeks an order pursuant to EPTL 5-1.1-A (d) (2) granting him permission to file a late notice of intent to assert a spousal right of election in order to make a claim against the decedent's New York City Employees Retirement System (NYCERS) death benefits of which the decedent's mother and daughter are equal beneficiaries. The application is opposed by the decedent's mother who filed objections asserting, inter alia, that the request is time-barred, and NYCERS responded that it cannot presently pay the death benefits to any party because they are restrained pursuant to the order of the Supreme Court, Bronx County (Suarez, J.) dated October 21, 2013. After the application was marked "submitted," counsel for the two beneficiaries withdrew the daughter's objections, but continues to assert the mother's objections thereto.

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ESTATE OF LINDA LAVONDA RICHBURG JAMES, Deceased (13/626/E) — In this application, the petitioner, the decedent’s spouse who is the administrator of the decedent’s estate, seeks an order pursuant to EPTL 5-1.1-A (d) (2) granting him permission to file a late notice of intent to assert a spousal right of election in order to make a claim against the decedent’s New York City Employees Retirement System (NYCERS) death benefits of which the decedent’s mother and daughter are equal beneficiaries. The application is opposed by the decedent’s mother who filed objections asserting, inter alia, that the request is time-barred, and NYCERS responded that it cannot presently pay the death benefits to any party because they are restrained pursuant to the order of the Supreme Court, Bronx County (Suarez, J.) dated October 21, 2013. After the application was marked “submitted,” counsel for the two beneficiaries withdrew the daughter’s objections, but continues to assert the mother’s objections thereto.

The decedent died intestate on January 25, 2013 survived by the daughter and the spouse who are her only distributees. The spouse, who originally proceeded pro se, was appointed voluntary administrator of the estate on March 15, 2013; thereafter he retained counsel and obtained letters of administration which issued on April 15, 2014. On March 19, 2015, more than two years from the date of the decedent’s death but within one year of issuance of the letters of administration, counsel for the spouse and the daughter executed a written stipulation that was “so-ordered” providing, inter alia, that “the petitioner shall be permitted to file a motion seeking leave to file [a] late notice of intention to assert [his] right of election without objection.” The instant application seeking leave to file a late notice of right of election was filed on June 25, 2015.

ESTATE OF LINDA LAVONDA RICHBURG JAMES, Deceased

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