Legal Opinion

In re the Estate of Bustamante

New York Surrogate's Court

Decided July 15, 1997Published

1Opinion of the Court

OPINION OF THE COURT

C. Raymond Radigan, J.

*290This is a petition by the coadministrators of the decedent’s estate to vacate the lien of the Nassau County Department of Social Services (DSS) and the notice of claim filed incident thereto. The court is treating the proceeding as one under SCPA 1809 to determine the validity of a claim (SCPA 202).

The decedent, Lorraine Bustamante, died on December 23, 1986 having been the recipient of public assistance from March 17, 1977 to December 1, 1982. No petition for the appointment of a fiduciary was filed until February 29, 1996; letters of administration…

2Cases cited4 opinions

  1. In re the Estate of CudahyNew York Surrogate's Court · 1966
  2. MacLean v. EdenbaumNew York Supreme Court · 1957
  3. In re the Estate of HolmesNew York Surrogate's Court · 1974
  4. Kappen v. D'EliaAppellate Division of the Supreme Court of the State of New York · 1993

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