ESTATE OF RALPH MAXWELL, Deceased — This is an application by the administrator, the decedent's spouse, to distribute from her attorneys' escrow account the proceeds of causes of action settled in the Supreme Court, New York County, before a Special Master. The causes of action arose from the decedent's exposure to asbestos.
The decedent died intestate on March 30, 2001. For the purposes of any wrongful death recovery, in addition to the spouse, the decedent's only other distributee who might be entitled to share in the recovery if she incurred a pecuniary loss, is his mother who post-deceased (EPTL 5-4.4 [a]). Process was served on the decedent's three siblings, the only alleged distributees of the post-deceased mother, and there was no appearance in opposition. Similar applications were approved previously. Under the circumstances presented, including the consent of the New York State Department of Taxation and Finance and the lack of any unsatisfied debts or claims presented herein, the court grants the request to allocate 60 percent of the settlement proceeds to the personal injury cause of action and the balance to the wrongful death cause of action.
The sum of $6,928.19 is to be paid to MSPRC/Medicare for its claim for Medicare benefits furnished to the decedent. The remaining funds allocated to personal injury are to be paid to the administrator. The funds allocated to wrongful death are to be paid to the spouse. The restrictions imposed upon the administrator and her counsel shall remain in full force and effect with regard to any remaining defendants and causes of action.
December 19, 2012