MHL ARTICLE 81 - New York State Unified Court System

Supreme Court of jurisdiction and transfer to Surrogates Court was not required.
Matter of Kator, 164 Misc.2d 265; 624 N.Y.S.2d 348 (Sup. Ct., NY Cty., 1995)
Where court appointed co-conservators to manage property of now-deceased IP, and one conservator
moved for an order distributing assets to himself to pay estate expenses and manage estate assets in
his alleged role as administrator of estate prior to court approval of final account of conservators,
notice of motion which was only served upon second conservator was patently insufficient. Article
81 fails to establish procedure for administration of an estate of a person deemed incapacitated
pursuant to that statute.
Estate of Lawrence Bennett, NYLJ, 2/2/6/2003(Surr. Ct., Queens Cty.)
Motion by alleged distributes of an estate for copy of Court Examiner’s file - granted.
Matter of Estate of Tilly Baron, 180 Misc.2d 766; 691 N.Y.S.2d 882 (Surr. Ct., NY Cty., 1999)
Court finds that although statute is silent as to when and how a Guardian whose ward has died must
surrender responsibility for ward's assets to the fiduciary appointed for deceased ward's estate, Court
directs Guardian to turn assets over as soon as such fiduciary has been appointed. However, Court
permits guardian to retain a reserve pending disposition of final accounting under these
circumstances. Court suggests that additional legislation is needed to facilitate orderly turnover of
assets under these circumstances.
Matter of Saphier, 167 Misc.2d 130; 637 N.Y.S.2d 630 (NY Cty. Sup., 1995)(Lebedeff, J.)
Shortly after guardianship for petition was filed for AIP, a 90 year-old world famous violinist, her
Stradivarius violin disappeared. AIP died shortly after special guardian was appointed to arrange
for her care. After her death, the investigation of the missing Stradivarius continued because it was
worth 3 million dollars and she had left her estate to many charities. Guardianship was continued
under authority of Supreme Court so that special guardian could continue to protect property
interests of deceased in recovering violin, as well as to place any other estate issues before proper
Surrogate Court.
This Court too finds that statute is silent as to when and how a Guardian whose ward has died must
surrender responsibility for ward's assets to the fiduciary appointed for deceased ward's estate. Here,
Court directs Guardian to turn assets over but permits guardian to retain a reserve pending
disposition of final accounting. Court suggests that additional legislation is need to facilitate orderly
turnover of assets und these circumstances.
rd
Matter of Rose “BB”, 246 A.D.2d 820; 666 N.Y.S.2d 968 (3 Dept., 1998), subseq. appeal, 262
A.D.2d 805; 692 N.Y.S.2d 237, lv to app. denied, 93 N.Y.2d 1039; 697 N.Y.S.2d 560 (1999)
Death of AIP rendered moot appeal of order appointing guardian.
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