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ESTATE OF JUAN ANTONIO MENDEZ ROJAS, Deceased

ESTATE OF JUAN ANTONIO MENDEZ ROJAS, Deceased (13/1247) and (13/1247/C) — In this estate there are two pending applications by: (1) the decedent's surviving spouse (2013-1247/C) seeking, inter alia, to file a timely Notice of Spousal Election (see EPTL 5-1-1A); and (2) the decedent's daughter (2013- 1247) seeking to amend her limited letters of administration to enlarge her authority to permit her to accept service of the notice. Presently, there is no fiduciary authorized to accept service of the notice as letters issued solely limited to locating estate assets and to pursue a SCPA 2103 proceeding. Alternatively, the spouse seeks to vacate any default in filing such notice pursuant to EPTL 5-1.1A (d) (2).

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ESTATE OF JUAN ANTONIO MENDEZ ROJAS, Deceased (13/1247) and (13/1247/C) — In this estate there are two pending applications by: (1) the decedent’s surviving spouse (2013-1247/C) seeking, inter alia, to file a timely Notice of Spousal Election (see EPTL 5-1-1A); and (2) the decedent’s daughter (2013- 1247) seeking to amend her limited letters of administration to enlarge her authority to permit her to accept service of the notice. Presently, there is no fiduciary authorized to accept service of the notice as letters issued solely limited to locating estate assets and to pursue a SCPA 2103 proceeding. Alternatively, the spouse seeks to vacate any default in filing such notice pursuant to EPTL 5-1.1A (d) (2).

In the application by the spouse, jurisdiction was obtained over the limited administrator, who did not file objections, and Marie Rawlins, the respondent in the SCPA 2103 proceeding against whom the discovery proceeding was commenced and she filed objections. In the daughter’s application, jurisdiction was obtained over all distributees, without objection, and over Marie Rollins who filed objections.

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