Legal Question in Wills and Trusts in New York
What is the proper use of a waiver and consent of insurance company (WD5 form)? My uncle died in a car accident. He has no assets other than the $50,000 that he is entitled to from the driver of the car that hit him. The insurance company for that car is refusing to pay my aunt, unless she goes to the surrogate's court to get appointed the administrator of his estate. She is afraid that she will spend a lot of money in the process. An attorney friend suggested that she get the insurance company to sign a waiver and consent and file that with the court instead, to save money. Is this good advice?
1 Answer from Attorneys
I do not know about a waiver and consent form, however, the administration proceeding is not difficult. Your Aunt should be filing with the Surrogate's Court to be the administrator of your Uncle's estate.
Mike.
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