ESTATE OF CLAUDETTE ELAINE WALKER, Deceased — The administrator, one of the decedent's daughters, seeks to compromise causes of action arising from the decedent's death and judicially account for the settlement proceeds.
The decedent died intestate on February 9, 2010, as a result of injuries sustained when she was struck by a motor vehicle at a crosswalk. In addition to the petitioner, the decedent's distributes are two other children who were served with process and did not appear in opposition. 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 equally to the personal injury and wrongful death causes of action.
Disbursements are allowed in the reduced sum of $1,784.57 reflecting the elimination of certain items normally considered office overhead. Counsel fees are allowed pursuant to the retainer agreement.
The following sums are to be paid in reimbursement of the decedent's funeral expenses: $5,740 to the New York State Office of Victim Services and $300 to Caron Forsythe. The net distributable proceeds are to be paid to the decedent's children in equal shares.
December 5, 2012