Legal Question in Wills and Trusts in New York
If a husband dies in a car accident without a will and money from a car insurance company is to be paid, does it all go to his wife or is it divided between his wife, his mother and his father? The husband lived in New York his wife lived in Florida but they were not divorced.
2 Answers from Attorneys
The issue you have presented is very complicated and deserves more detailed analysis by your attorney. However, the simple answer is that under New York law if a person dies survived by a spouse and parents, but no children, then the spouse and parents may share in the damages recovered in a wrongful death action.
Mr. Karvay is wrong in his answer. Under NY EPTL section 4-1.1, if a decedent that has no will is survived by spouse and no issue (child), "the whole to the spouse." In other words, the wife receives the entire estate. The estate is not shared by the spouse and parents.
Mike.
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