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ESTATE OF HERMINIA MAIZ, Deceased

ESTATE OF HERMINIA MAIZ, Deceased (14/1803) — In this application for the issuance of letters of administration to a grandson of the decedent, jurisdiction was obtained over two sons of the decedent, both of whom are alleged to be under a disability, and they defaulted. It would appear that, if the sons' disability caused their default, they would be ineligible to serve as the fiduciary of the estate. Therefore, in the absence of any appearance in opposition, letters of administration shall issue to the petitioner, subject to the limitations of SCPA 805(3) with respect to any realty in which the decedent had an interest. In the event that the sons are then under a disability, a guardian ad litem shall be appointed on their behalf in an accounting or any other appropriate proceeding.

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ESTATE OF HERMINIA MAIZ, Deceased (14/1803) — In this application for the issuance of letters of administration to a grandson of the decedent, jurisdiction was obtained over two sons of the decedent, both of whom are alleged to be under a disability, and they defaulted. It would appear that, if the sons’ disability caused their default, they would be ineligible to serve as the fiduciary of the estate. Therefore, in the absence of any appearance in opposition, letters of administration shall issue to the petitioner, subject to the limitations of SCPA 805(3) with respect to any realty in which the decedent had an interest. In the event that the sons are then under a disability, a guardian ad litem shall be appointed on their behalf in an accounting or any other appropriate proceeding.

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