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MATTER OF TREASURE

6615, 92234/07.

161 A.D.3d 547 (2018)

73 N.Y.S.3d 753

2018 NY Slip Op 03606

In the Matter of Aston Treasure, an Alleged Incapacitated Person. Ben Treasure, Respondent; Thelma Treasure, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 17, 2018.

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 N.Y.3d 345 [2015]). Thus, appellant lacked authority to make payment to respondent...

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