Legal Question in Wills and Trusts in New York
My mother passed away as a result of a reckless driver. My mother had four daughters. One of which did not speak to my mother or the rest of the family for over twenty years. When my mother passed my sister did not attend the funeral nor did she contribute anything. That was the last time one family member spoke to her. We recently settled a wrongful death suit and now she says she wants money. Is there a way that she can be removed. She had not seen nor spoken to my mother for over twenty one years and told her son that my mother died before he was born. My mother had no will. I am the Executor of the Estate and the only one Depose in this matter. My children and my husband as well as myself were they only ones that testified in trial. My other sisters provided support.
3 Answers from Attorneys
In the absence of a will a will, your sister is entitled to share in the estate. That's one of the things a will is for, to put your wishes into operation, not those the law mandates.
I agree withg Arnold, especially if the wrongful death judgment was in favor of the estate, rather than specific family members. If you are the Adfministrator (an Executor is the estate representative under a Will) it meant your mather died intestate (without a Will) and any assets of the estate go to all children. If Mom intended not to leave anything to your sister she either should have written a Will or registered her assets so not include her.
Your attorney should have advised you that a pain and suffering settlement goes to the next of kin, each having to prove degree of entitlement. A wrongful death settlement goes into the estate.
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