MHL ARTICLE 81 - New York State Unified Court System

In the Matter of the Accounting of by Russell Artuso and Patrick Artuso as co-Guardians; 4
Misc.3d 1003A; 791 N.Y.S.2d 867 (Surr. Ct., Monroe Cty., 2004) (Calversuo, J.)
Acknowledging that ordinarily, guardianship terminates with the death of the IP, Court permits
guardianship to continue in this case to enable counsel for the guardian to continue prosecuting a
civil action where there was no fiduciary yet named for the estate. The attorney’ contingency fees
in the civil action was deemed a claim against the estate rather than an administrative expense of the
estate.
Matter of Miriam Shapiro, NYLJ, 9/4/03, p.22 (Surr. Riordan)
Where IP died, her attorney for the Art 81 proceeding should submit bill for services to the Art 81
court, not the Surrogate’s court during probate.
Estate of Borglum, NYLJ, 3/21/03, p. 19, col. 2 (Surr. Ct.)
Administrator brings motion in Surrogate’s Court accusing guardian of breaching fiduciary duty and
seeking in addition to request that funds be turned over. Guardian seeks to have expenses of action
paid from IP/descendent’s funds. Surrogate’s Court says the issue of payment of expenses must be
decided by Supreme Court when settling final accounting for guardianship.
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Matter of Klasson, 290 A.D.2d 223; 735 N.Y.S.2d 757 (1 Dept., 2002)
During the pendency of the appeal of order that modified an Art. 81 order to the extent of
substituting the court evaluator for the guardian originally named, the AIP died. The Appellate
Division, First Department held that the AIP’s death rendered the appeal moot.
Matter of Francis Kleinman, NYLJ, 6/5/00, p.21,col. 3 (Sup. Ct., Nassau Cty.)(Rosetti, J.)
Removal of Art. 81proceeding at accounting stage was transferred to Surrogate’s Court after death
of AIP because there was an interrelationship between the Art.81 and the probate proceeding.
Estate of Irma Paige, NYLJ, 8/23/01, p. 19, (Surr. Ct., Bronx Cty.) (Surr. Holtzman)
Guardian whose ward has died must surrender responsibility for ward's assets to the fiduciary
appointed for deceased ward's estate as soon as such fiduciary has been appointed. Guardian may
file report with court projecting expenses for final administration of guardianship estate and court
will fix appropriate reserve.
Matter of Burns (Salvo), 287 A.D.2d 862; 731 N.Y.S.2d 537 (3d Dept., 2001)
Death of IP during proceeding on petition by guardian to confirm charitable gift by IP did not deprive
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