Hynes v. Jones

The Supreme Court reversed the appellate court's decision affirming the trial court's judgment dismissing Plaintiff's appeal from the decree of the probate court monitoring use of a September 11th Victim Compensation Fund award that had been paid to Plaintiff, the surviving spouse, as a "representative payee" for the benefit of her minor child, holding that the probate court lacked jurisdiction over the fund award.Plaintiff's husband died in the September 11, 2001 terrorist attack on the World Trade Center and died intestate. Plaintiff filed a claim for compensation from the fund. Plaintiff was awarded $1,153,381, and the couple's minor child was awarded $1,271,940, which Plaintiff was to be paid on behalf of the minor child. The probate court appointed a guardian ad litem for the minor child in the estate administration proceedings and directed that the minor child's share of the benefits from the fund be placed into a guardianship account. Plaintiff unsuccessfully moved to dismiss the guardianship proceedings for lack of jurisdiction, and the trial court dismissed Plaintiff's probate appeal. The Supreme Court reversed, holding that the probate court lacked jurisdiction over the fund award paid to Plaintiff as a representative payee because that award was neither the property of the decedent's estate nor the property of the minor child. View "Hynes v. Jones" on Justia Law