• Surrogate's Court, Bronx County
  • 15/2530
  • Mar 02 2017 (Date Decided)
  • Surrogate Malave-Gonzalez
REGINALD LUTEN a/k/a REGINALD L. LUTEN, Deceased (15/2530) — In this application by the decedent's niece and a designee for the issuance of letters of administration, one of the decedent's nephews consents to the application and jurisdiction was obtained over the other distributees, two of which are alleged to be under a disability, and there was no appearance in opposition. It would appear that, if the disability caused the distributees' default, they would be ineligible to serve as the fiduciary of the estate. Of course, if appropriate, a guardian ad litem shall be appointed for the distributees in any future accounting or other proceeding. Accordingly, the application is granted and letters of administration limited pursuant to the provisions of SCPA 702 (1) with regard to any cause of action shall issue to the petitioners.

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