Legal Question in Wills and Trusts in New York
Distribution of Settlement
My mom who lived in New York was killed due to negligence of hospital staff. She died intestate and the family comprising of my father and the rest of my brothers and sisters decided to sue the hospital for wrongful death on the advice of our laywers. The lawyers who took the case on a contingency basis requested us to make our father the administrator of the estate so they can proceed with the wrongful death suit against the hospital. All of us (the children) signed the form to this effect. The letters of administration granted was limited letters of administraton to file the suit. There is now a settlement and the lawyers is advising my father that the settlement belongs to him and he doesn't have to share it with his children. Is this really so? Can my father legally keep any settlement and not share it with his children? Can any of us (the children) object to the settlement? If he has to share it with his children how is the split?
Thank you!
2 Answers from Attorneys
Re: Distribution of Settlement
Intestacy is controlled by the statutes of the state of residence. These are very specific as to how a decedent's estate is allocated among the family members, usually providing that most, if not all, of an intestate estate goes to the surviving spouse. This would be the case even if your father did not qualify as administrator and one of the children was appointed. I suggest you check the NY State web site and review their intestate laws, which will tell you how an intestate estate gets distributed.
Re: Distribution of Settlement
Please understand that discord over wills and estates is very common and reflects more on unresolved emotions relating to the deceased than about the actual, living persons.
That said, this is a case of 'Intestate Succession' and is governed by law. In New York State, the amount of the 'settlement' is relevant. The first 50,000 dollars goes to the surving spouse (husband) and one-half of anything over that also goes to the husband.
The children will divide the remaining 50% equally among themselves.
That's the law.
You are welcome to a consultation for no fee.
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