Legal Question in Personal Injury in New York
Collecting on Settlement on Personal Injury Lawsuit
My Aunt had a injury lawsuit that was
recently settled. Since the time she filed
the suit she passed on and my father
past on. The settlement reached after
attorney fees gives the remaining
balance to my mother and my uncle.
My mother gets substantially more than
my uncle because she proved that my
father paid the funeral costs for my
aunt (the origional plaintiff). The lawyer
asked the uncle to notorize the form
and return but he will not do (his
settlement is only $54). How does my
mother collect the amount she is due
on this settlement? Does she have to
file a small claim against this uncle?
What is involved in filing a small claim?
Please help! She is very elderly and
could use this small settlement she is
entitled to. We do not speak to this
uncle and pleading with him probably
will not do any good. I believe he
maybe only not signing because why go
to all the trouble to get notorized for
his $54 share or he maybe not signing
just to prevent my mom from getting
her share.
1 Answer from Attorneys
Re: Collecting on Settlement on Personal Injury Lawsuit
If your Aunt has died since the settlement, as opposed to filing the action, nothing can happen until either an administrator or executor is appointed by Surrogate's Court to settle the Estate. If the settlement was the only asset,
it is a simple procedure.
From your description it sounds as though your father was substituted after your Aunt died, but then passed away himself, and now your mother has been substituted.
All that a notary does is prove that someone's signature is accurate. I believe you are saying your Uncle won't execute (sign) the final settlement papers.
If the amount of the settlement was already agreed prior to your Aunt's death, this is something that happens by operation of law, through the Estate of your Aunt; basically if she died without a will, the laws of asset distribution govern who will receive what.
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