Phillips, et al v. The City of New York, et al

Filing 474

ORDER In light of the foregoing, the Court now directs successor trustee Wells Fargo Bank, N.A. (the "Trustee") to increase the monthly stipend being paid by the Trust to Griselda Feliz from $2,000 to $2,500. This increase shall become effective beginning in June 2024 and shall not be retroactive. Further, effective June 27, 2024, Harry H. Rimm is discharged as Guardian ad Litem. Also effective June 27, 2024, Griselda Feliz is appointed Guardian ad Litem to represent Henes y Feliz in matters relating to payments made for the benefit of Henesy under the SNT referenced above, as approved by the Trustee and the Court. (And as further set forth herein.) (Signed by Judge Victor Marrero on 6/3/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.

County, New York, appointing Ms. Feliz as temporary Guardian ad Litem for Henesy. On March
27, 2024, this Court filed the four estate planning documents under seal.
In light of the foregoing, the Court now directs successor trustee Wells Fargo Bank, N.A.
(the “Trustee”) to increase the monthly stipend being paid by the Trust to Griselda Feliz from
$2,000 to $2,500. This increase shall become effective beginning in June 2024 and shall not be
retroactive.
The Court further directs the Trustee to make a payment each month from the Trust for the
benefit of Henesy in the amount of $2,330.67 and in accordance with the following provisions:
(1)

Upon commencement of those FBO payments, the Trustee is directed to make
payments retroactive to May 17, 2023.

(2)

The Trustee is directed to make FBO payments by placing such funds into a new
account that is designated for payments for the benefit of Henesy and created at the
Trustee’s location (the “FBO Account”).

(3)

Any expenditure by Ms. Feliz of more than $500 from funds in the FBO Account may
not be paid without the Trustee’s prior approval.

(4)

Ms. Feliz is authorized to draw upon the funds in the FBO Account for the purpose of
paying for expenditures she may make as Temporary Guardian ad Litem for Henesy.
The Trustee is authorized to make such payments from the FBO Account if the Trustee
determines that such expenditures are for the benefit of Henesy and thus warranted.

(5)

On a quarterly basis, and commencing in July 2024 (for the second quarter of 2024),
the Trustee shall submit to the Court a report setting forth all expenditures of funds
from the FBO Account made during the preceding quarter.

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(6)

The monthly amount of the FBO payment made in accordance with this Order shall be
reduced by the amount of any Supplemental Security Income (“SSI”) payments that
may be paid to Henesy. Any reduction to FBO payments shall commence at the earlier
of (i) the first month after SSI payments are paid to Henesy Feliz or (ii) the month
following the Trustee learning of SSI payments being made to Henesy Feliz. The Court
reserves the right to further reduce the monthly amount of any FBO payment in the
event that any other benefits are paid to Henesy. In the event that it is determined that
benefits have been paid to Henesy which should reduce the amount of any FBO
payment, whether previously paid or to be paid in the future, the Trustee shall recoup
the amount(s) of such other benefit(s) by offsetting the amount(s) from the payment of
future FBO payments.

(7)

The Trustee is directed to advise the Court if it learns of any benefits, SSI payments or
otherwise, that may be paid by the federal, state, county or city governments to or on
behalf of Henesy.
Further, effective June 27, 2024, Harry H. Rimm is discharged as Guardian ad Litem. Also

effective June 27, 2024, Griselda Feliz is appointed Guardian ad Litem to represent Henesy Feliz
in matters relating to payments made for the benefit of Henesy under the SNT referenced above,
as approved by the Trustee and the Court.

Dated: New York, New York
June 3, 2024

_______________________
Victor Marrero
U.S.D.J.
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