Legal Question in Wills and Trusts in New York
rights of adult children to financial settlements
I would like to know what rights my brother and I have to any settlement funds from a wrongful death malpractice suit against our father. We are his adult children and he was married at the time with 2 minor children.
What percentage of the settlement monies are we entitled to?
2 Answers from Attorneys
Re: rights of adult children to financial settlements
I assume the lawsuit was against your late father's doctors, not against him.
The settlement is part of his estate, to be distributed in accordance with his Will, if he had one, otherwise, as per the statute.
In the event there was no Will, you would be entitled to a share.
Re: rights of adult children to financial settlements
The settlement becomes part of his estate, to be distributed in accordance with his Will. If he had no Will you are entitled to an intestate share of his estate, usually 1/3 to children, 2/3 to surviving spouse. If no spouse, children get everything allocated over number of children.
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