Legal Question in Wills and Trusts in New York

My father's will has three main beneficiaries, two are his children and one is father's niece.Two weeks before my father died, he was in a car accident.Do the proceeds of the settlement on the accident case, become part of the estate or do the proceeds be divided among his children only, who are his next of kin? The will does not mention accident clause.


Asked on 7/24/12, 6:59 pm

3 Answers from Attorneys
David Leon David L. Leon, P.C.

Both are correct. If he died as a result of the accident, then there are two issues: wrongful death (owned by the heirs of the deceased's body) and survival (goes under the terms of the will, for damages suffered prior to the death.)

Dave

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Answered on 7/24/12, 7:07 pm
David Slater David P. Slater, Esq.

Did he die from injuries sustained in the auto accident? You should be speaking with the attorney handling the accident case.

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Answered on 7/24/12, 7:10 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Mr. Leon. Best is to review with the attorney handling the litigation on exactly what he is suing for (wrongful death, pain and suffering, or both), and how any judgment or settlement will be handled and distributed.

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Answered on 7/25/12, 11:17 am


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