Legal Question in Wills and Trusts in New York

When are creditors barred from collecting from an insursance settlement?
If a person dies with no conscious pain and suffering, is it true that the settlement is exclusivly for the decendents distrubuties and not subject to the decendents creditors?

Settlement allready given by the auto insurance carrier. The decendent owed me $94k in back child support of which $28+ is in a judgement.

The decendent was hit by a motor vehicle in the state of Florida. Our children lives in NY, which is where the decendent lived prior moving to Florida. He had only been in Florida for two weeks.

I currently live in California and need to know what rights I have and if I must present my case to the surrogate court what is my course of action.

Asked on 1/16/06, 11:31 pm

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

0 users found helpful

0 attorneys agreed

Re: When are creditors barred from collecting from an insursance settlement?

The issue is covered by Florida law, as you indicate he was (although only for a short time) a Florida resident when he was killed. In most states, recoveries for wrongful death actions are made by the estate as well as any heir that may have an interest. If recovered by the estate, the recovery goes into the general estate assets and is subject to debts that exist. I suggest contacting a Florida attorney to see if Florida follows the general rule.

Answered on 1/19/06, 4:08 pm

Mark as helpful