Legal Question in Medical Malpractice in New York

Process of Legal Settlement

A wrongful death suit was filed in the state of New York and a settlement has been reached between the parties. Does the court decide how to apply the settlement or is it given to the administrator of the estate, who brought the suit, for him to decide how to distribute it? The deceased died intestate.

Would waiving of rights by children of the deceased to apply for letters of administration affect the distribution to them?

Does the administrator's attorney (the person who applied for the letters and brought the action) have a legal duty to ensure that the administrator distribute the settlement according to the rules?

If the administrator does not distribute the settlement according to the rules, is the attorney liable?


Asked on 12/21/04, 5:51 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Process of Legal Settlement

The legally appointed Administrator must distribute the assets according to the State Distribution Laws for an intestate estate, if the deceased died w/o a Will.

If the "Estate" of the deceased acquired (or is the "proper" party to) The Settlement, the proceeds normally would go to the Estate, for distribution, as indicated above.

If any estate beneficiary "waived" their rights, title or interest in the estate, they presumably have waived any interest in the Settlement, that comes into the "estate."

If the lawyer is not the Estate Administrator, nor otherwise directed by the Court, the lawyer is not the person or principle who would be generally liable or responsible for the "correctness" of Estate asset' distribution.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 12/22/04, 10:11 am


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