• Surrogate's Court, Bronx County
  • Jan 28 2013 (Date Decided)
  • Surrogate Malave Gonzalez
ESTATE OF WINIFRED SMITH, Deceased — In this application by a daughter of the decedent for the issuance of limited letters of administration, waivers and consents were obtained from three other children, except one daughter alleged to be under a disability upon whom process was served, and she defaulted. The court will not appoint a guardian ad litem for this daughter in this proceeding because if her disability caused her default, it would also appear to render her ineligible to serve as a fiduciary. Of course, if appropriate, a guardian ad litem shall be appointed for the daughter in any future accounting or other proceeding.