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ESTATE OF CARMEN IRIS CASTRO, Deceased

ESTATE OF CARMEN IRIS CASTRO, Deceased (10/2656/B) — On the return date of this application for limited letters of administration d.b.n. by an attorney as the designee of the decedent's daughter, jurisdiction was obtained over the other distributee, the decedent's son who is under an alleged disability, without opposition. It would appear that, if the son's disability was the reason he did not file opposition, he would also be ineligible to serve as a fiduciary or designate a successor fiduciary of the estate.

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ESTATE OF CARMEN IRIS CASTRO, Deceased (10/2656/B) — On the return date of this application for limited letters of administration d.b.n. by an attorney as the designee of the decedent’s daughter, jurisdiction was obtained over the other distributee, the decedent’s son who is under an alleged disability, without opposition. It would appear that, if the son’s disability was the reason he did not file opposition, he would also be ineligible to serve as a fiduciary or designate a successor fiduciary of the estate.

Based on this state of the record, the application is granted, and letters of administration d.b.n. shall issue to the petitioner upon her filing a bond in the penal sum of $217,000. The letters of administration that issued to the decedent’s spouse, who is now deceased, are to be revoked in the decree to be entered hereon. The court notes that there is also pending in this estate an accounting proceeding filed by the decedent’s postdeceased spouse, and a successor guardian ad litem was appointed for the son in that proceeding. Upon qualification and appointment, the successor administrator d.b.n. shall expeditiously take all necessary steps to complete the pending accounting proceeding. The successor guardian ad litem shall continue to represent the son in the accounting proceeding, and, of course, a guardian ad litem shall be appointed for the son in any other appropriate proceeding.

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