Legal Question in Wills and Trusts in New York

estate question

do i need to get another lawyer please help, its a med mal wrongful death case, its close to trial and im the administrator of estate i have one step daughter who just turned adult recently she was a minor when the case waz brought, i wanna know how does the distribution go in the event of a settlement as well as a verdict does the administrator get first fifty thousand and half of the estate , the lawyer told me that it doesnt go that way, im confused and in need of another lawyer, secondly what monies goes into the estate that i am entitled i am also suing individually, im so confusud about the break down do i need another lawyer please help,


Asked on 10/24/07, 9:49 pm

2 Answers from Attorneys
Anthony Park Anthony S. Park, PLLC

Re: estate question

Any settlement amounts that are payable to the estate are divided as follows: $50,000 off the top to you, 1/2 of the remainder to you, and the other 1/2 to your daughter. Any settlement amounts that are payable to you individually are yours alone.

Please feel free to email or call my office for a brief consultation about your case. Depending on the size of the settlement, you may also have tax issues.

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Answered on 10/25/07, 9:50 am
Walter LeVine Walter D. LeVine, Esq.

Re: estate question

I generally agree with Tony, which presumes you are the surviving spouse, as this follows the intestacy statute (where a person dies without a Will and the estate is in administration). I also agree that any recovery on your individual claim just goes to you. So, there may be multiple allocations; to you on your individual claim, and to the estate also, which gets distributed pursuant to the intestacy statute.

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Answered on 10/25/07, 10:42 am


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