Legal Opinion

In re the Estate of Pesantez

New York Surrogate's Court

Decided October 13, 2000Published

1Opinion of the Court

OPINION OF THE COURT

C. Raymond Radigan, J.

In this proceeding for the issuance of limited letters of administration, the decedent was survived by his wife and two infant children, all of whom are nonresident aliens living in Ecuador. The issue presented is whether a third party who is unrelated to the decedent can qualify to act as administrator upon the consent of the surviving spouse. Because the court *870believes that a nondistributee who is a citizen can qualify in such circumstances, the petition will be granted and limited letters of administration will issue to the petitioner.

The only…

2Cases cited1 opinion

  1. In re the Estate of KerrNew York Surrogate's Court · 1995

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