Legal Question in Civil Litigation in New York
Jurisdiction Over Deceased Client
I had a client referred to me on whose behalf I commenced an action in federal district court. There was a written retainer agreement.
The client passed away before the action proceeded beyond the beginning of discovery and was ultimately dismissed by the court be3cause there was no known personal representative to even try to continue the action.
The retainer provided that the client wqas liable for disbursements and, with a private investigator, etc., the out of pocket expenses came to about $5,700.00 As far as I can ascertain The client passed away intestate and without relatives, to any degree of consanguinity, surviving but owning a house.
How can I get jurisdiction so as to recover a judgment as against the house which, two years after the client's demise has still not been sold?
1 Answer from Attorneys
Re: Jurisdiction Over Deceased Client
Someone should have obtained letters of administration in the County in which your client resided at the time of death. That is how the estate passes absent a will in NY.
Perhaps you can determine who the proprty owner will be or has become and submit a claim in Surrogate's court? Check the records there?
Otherwise you can ask the Public Administrator, who will be doing this to eventually claim the house for taxes.
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