Legal Question in Wills and Trusts in New York

My husband participated in a class action law suit. The settlement was approved at a hearing in September 2010. However, my husband died in August 2010. As his surviving spouse, am I entitled to his share of the settlement? If the check comes in his name, how can I cash or deposit it.


Asked on 3/14/11, 6:25 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. As his surviving spouse, am I entitled to his share of the settlement?

A. Generally, the answer is yes.

Q. If the check comes in his name, how can I cash or deposit it.

A. Through and estate account. The estate account would have to be opened after you either receive Letters Testamentary or Letters of Administration from the Surrogate's Court.

Mike.

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Answered on 3/14/11, 6:32 am


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