| Matter of Treasure |
| 2018 NY Slip Op 03606 [161 AD3d 547] |
| May 17, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Aston Treasure, an Alleged Incapacitated Person. Ben Treasure, Respondent; Thelma Treasure, Appellant. |
Tilem & Associates, P.C., White Plains (Peter H. Tilem of counsel), for appellant.
Dealy, Silberstein & Braverman LLP, New York (Laurence J. Lebowitz of counsel), for respondent.
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered on or about June 21, 2017, which granted respondent's motion to vacate a settlement agreement, unanimously affirmed, with costs.
The court correctly concluded that appellant, guardian of the incapacitated person (IP) before the IP's death, was authorized, after the IP's death, to pay only reasonably anticipated administrative expenses of the guardianship and that all other assets passed to the IP's estate (see Matter of Shannon, 25 NY3d 345 [2015]). Thus, appellant lacked authority to make payment to respondent from the IP's estate in exchange for his waiver of any claim to further distribution from the estate. Concur—Acosta, P.J., Tom, Mazzarelli, Kern, Singh, JJ.