ESTATE OF JOSE LUIS CRUZ, Deceased — The administrator, the decedent's spouse, petitions to judicially account for the proceeds of causes of action settled in the Supreme Court, Bronx County (Payne, J.) that are being held in her attorneys' escrow account.
The decedent died intestate on February 28, 2009, allegedly as a result of injuries sustained when he was struck by a motor vehicle while crossing the street. Pursuant to EPTL 5-4.4, the petitioner and the decedent's mother are the decedent's only distributees. The mother consents to the relief requested, including that the entire net distributable proceeds be paid to the spouse. Under the circumstances presented, including the consent of 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 the wrongful death cause of action.
The following sums are to be paid at the petitioner's request in satisfaction of the outstanding decedent's credit card balances: $953.15 to Wells Fargo Financial and $500 to Cardmember Service, Chase USA, N.A. The net distributable proceeds are to be paid to the spouse.
December 3, 2012