Surrogate Malave-GonzalezESTATE OF ABU BAKER SALEH, ALSO KNOWN AS ABUBAKAR SALEH, Deceased (15/2582/A) — The administrator, a designee of the decedent’s distributees, seeks to compromise causes of action arising from the decedent’s injuries and death and judicially account for the settlement proceeds.The decedent died intestate on November 24, 2013, allegedly as a result of injuries sustained after being a passenger in a motor vehicle accident. The decedent’s distributees are a spouse and two children, one of whom is an infant. The spouse, the adult child and the guardian ad litem appointed to represent the infant consents to the application. Under the circumstances presented, including the consents of the distributees, the GAL and the New York State Department of Taxation and Finance, and the lack of any unpaid debts or claims presented herein, the court grants the request to allocate the net distributable proceeds to wrongful death cause of action.The attorneys fees and disbursements are allowed in the sum requested. The funeral creditor consents to the application and waives reimbursement. The net distributable proceeds are to be paid pursuant to Matter of Kaiser (198 Misc 2d 582 [Sur Ct, Kings County 1950]), as follows: 68 percent to the spouse, 13 percent to the adult son and 19 percent to the infant daughter. The infant’s share may be paid to her mother, Gamilah Mubarz, as requested (SCPA 2220 [1]).Settle decree.June 12, 2018
ESTATE OF ALONZO UPTON, Deceased (17/5; 17/5/A) — In this estate there are two contested proceedings: (1) a probate proceeding wherein the proponents, a cousin of the decedent and two attorneys, seek to probate a testamentary instrument dated May 29, 2015, to which objections were filed by one of the decedent’s three daughters, his only distributees; and (2) a proceeding by the objectant daughter seeking, inter alia, to invalidate the Alonzo Upton Self-Declaration of Living Trust, also dated May 29, 2015. Also pending is a motion filed by the decedent’s brother who is a beneficiary under two prior instruments, seeking leave to file late objections to the propounded instrument.On the return date of the motion filed by the brother and an adjourned return date of the SCPA 1411 citation and the trust proceeding the parties agreed, on the record in open court, to adjourn the two proceedings until September 11, 2018 in contemplation of settlement and the brother’s motion is to be adjourned without date to be restored to the calendar upon two weeks written notice to the court and all parties. The parties are to appear for a status conference on September 11, 2018 at 9:30 a.m. in courtroom 406.The Chief Clerk shall mail a copy of this decision, which constitutes the order of the court, to counsel for all parties and to the appearing pro se parties.Proceed accordingly.June 15, 2018
