Legal Question in Family Law in New York
Help! Second opinion (loss of consortium)
My father was killed by a drunk driver. After cases against the bars serving the intoxicated driver, estate was awarded a large sum of money.
Four years before my fathers death he remarried. This woman hired a lawyer; my sisters and I did the same. This woman and I are the only two executors of the estate.
It has come time agree on how the estate is to be split up. This is what her lawyer sent my lawyer:
1/3 Attorneys fees
Attorney costs
One half remainder to wife
Other half to the estate
Deduct estate costs
Then split again: half to wife, half split among my sisters and I
The attorney is telling me to accept these terms. He has stated that we (my sisters and I) will do no better if we take my fathers wife to court due to loss of consortium. I really do not know what to do, but this break down appears one sided.
Please help, anyone. My sisters are younger and my decision impacts them as much as myself, and hence the call for some assistance. If it is somewhat unlikely that fighting her in court will result in compensation I would really like to know.
Thank you in advance to anyone who takes the time to review this situation. It is greatly appreciated
1 Answer from Attorneys
Re: Help! Second opinion (loss of consortium)
To fully analyze the situation requires more information than you gave - however, if the attorneys who won the award in the actions against hte bars serving the drunk driver already were paid, then one third to the current attorneys seems excessive.
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