Legal Question in Wills and Trusts in New York

adm. of estate question

when a person dies without a will and a lawsuit has come to the end, how does the settlement or verdict get distributed? moreover can the courts or the lawyer control who gets what when it comes to distribution or is it done strictly by law, in a med mal wrongful death suit, does all the recoveries in this type of suit go under the estate for distribution or does the husband and children get certain amounts, i am suing individually and the adm. of estate with 1 issue the child is 19 now? the attourney said it doesnt mean that the bulk of the suit goes to the admin. is this true im confused thanks for your help


Asked on 11/12/08, 2:34 am

1 Answer from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: adm. of estate question

The proceeds of the suit should go to the estate, if the estate sued in the place of the decedent. Assuming that the medmal issue was in existence before the death of the decedent, then the estate would inherit the case and the awards.

If the person had no will, the estate, would be distributed according to the laws of intestacy in NY. These are found in NYS Estate Powers and Trust Laws aka NYS EPTL.

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Answered on 11/12/08, 2:44 am


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