• Surrogate's Court, Richmond County
  • 14/273/A B
  • Apr 10 2017 (Date Decided)
  • Surrogate Gigante
ESTATE OF SAMUEL ABBATE, A/K/A SAMUEL S. ABBATE, Deceased (14/273/A & B) — Samuel Abbate (hereinafter "Decedent") died on February 21, 2014. Letters of Temporary Administration were granted to the Public Administrator on April 4, 2014 and full Letters of Administration were granted to the Public Administrator on May 15, 2015. Various due diligence efforts were undertaken and led to a finding that the Decedent was survived by one sister, Gertrude Briguccia, who lived in an adult facility in White Plains, New York. All Estate assets were marshaled, and at the judicial accounting phase, the Public Administrator received a letter from a case worker at Ms. Briguccia's facility articulating the need to establish a Supplemental Needs Trust for her inheritance. Accordingly, a Guardian Ad Litem was appointed for Ms. Briguccia on October 15, 2015. Upon reviewing the matter and meeting with Ms. Briguccia, the Guardian Ad Litem reported no objection to the judicial accounting, but advised that the Estate proceeds be held in escrow pending the appointment of an Article 81 Guardian and the creation of a Supplemental Needs Trust for Ms. Briguccia, as an outright distribution of the Estate assets would cause her to become ineligible for government benefits. The Court settled the judicial accounting by Decree dated March 29, 2016 and directed that the actions recommended by the Guardian Ad Litem be taken.

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