In re Rivera

OPINION OF THE COURT

Lucindo Suarez, J.

The issue in this guardian’s application for judicial authority to exercise the right to an elective share in the estate of the incapacitated person’s deceased spouse is whether such application is moot where the guardian has filed with the executors the requisite notice of election, but before determination on the submitted order to show cause for judicial approval, at the direction of the Surrogate’s Court, the incapacitated person dies. This court holds that the death of the incapacitated person terminates the guardian’s authority to exercise the right…