Legal Question in Wills and Trusts in New York

My parents died and left an estate to my brother and I worth around 200K. We had a waiting period of 9 months to wait before we could split the estate between us due to our attroney telling us we had to wait and see if medicare put in any claims. They didn't and we should have gotten our money on Dec. 1 2010. My brother who lives in NY, where my parents lived/died, is executer of the will. I live in SC with my wife and child. A little over a year ago My brother's wife as driving my Dad's car and hit a women. She was walking across the street when my brother wife bumped her in my Dad's car, which she shouldn't have been driving in the first placed. Now my brother's wife is being sued and My brother is holding up the money because he says he can't disperse the money until he finds out if the insurance will cover the amount being sued. I don't think this is fair at all and I don't see why I should lose my inheritance over my brother wifes mistake. My brothers wife's parents are loaded besides. Please help us!! Can a laywer help us get our half of the money? Do we even have a leg to stand on?


Asked on 12/06/10, 9:59 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Since the father , as owner, is responsible for the negligence of the driver, his estate may be financially responsible for any sum not covered by insurance. This may take years to sort out.

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Answered on 12/15/10, 8:27 am
Walter LeVine Walter D. LeVine, Esq.

I agree with David that if the accident took place while Dad was alive or even when the car was part of the estate, there could be estate liability, which could impact the ability for there to be a distribution before the claim was settled. I am concerned about your share of the estate possibly being exposed for the negligencew of your sister-in-law, if the accident took place after Dad's death. This may be an issue to be resolved between you and your brother. You may want to discuss this with an independent estate attorney representing you. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/15/10, 10:09 am


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