Legal Question in Wills and Trusts in New York

estate question

hello, counselors i am writing because i saw your website and your view on clients rights, i currently have a med mal wrongful death case on the court calender as we speak in the bronx,, its now waiting for a trial date, the case has been ready and passed 4 times in the special trial part,, my next court date is feb. 2, 2008 i am very discouraged with the information that my current attourney is giving me in this stage of the case, i read your views that as the administrator of estate and 2 kids,(step kids, 22 and 20) that the husband by law is entitled to first 50,000 and half of the estate, the children are to split the rest, that was my understanding as your information on your website reinforced what i believed, my current lawyer is telling me that this doesnt necessarily apply to me, i am suing as the administrator of estate and also i am suing individually no one else is on the caption, i am very discouraged and i believe i need some additional help in reference to you possibly helping to ensure that in the event of a settlement or verdict that it is done according to the statue ,since my wife died financially i have been struggling i took a funding loan from the case,is this why the lawyer is sayin this help please


Asked on 1/07/09, 4:49 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: estate question

Under NY EPTL � 5-4.6, any compromise (settlement) from a wrongful death action must be approved by the Surrogate's Court.

Therefore, whether your current lawyer is telling you the truth or giving false information, it does not matter since any settlement must be approved by the Surrogate's Court.

Mike.

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Answered on 1/07/09, 8:12 am


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