Legal Question in Wills and Trusts in New York

My mother died intestate in New York. At the time of her death, she and my stepfather had pending motor vehicle accident lawsuits. They were accident victims in the same vehicle. She had her own separate lawsuit and he had his own separate lawsuit with the same Law Firm. My question is can the two individual lawsuits be combined as one lawsuit since my mother is deceased to prevent legal heirs from receiving any proceeds from her settlement, or is it the law for the lawsuits to remain individual and separate? Please advise.


Asked on 8/03/12, 7:00 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Since you state she died intestate "legal heirs" under NY's Intestacy rules receive everything that belonged to her when she passed so you have to look under NY's intestacy laws. N.Y. EPT. LAW � 4-1.1 : NY Code - Section 4-1.1: Descent and distribution of a decedent's estate

A "Wrongful Death" Cause of Action, if there is one here, "belongs" to the distributees who suffered pecuniary damages. This is a complex calculation, and "pecuniary" is one's financial losses. You should really speak with the attorney handling the cases.

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Answered on 8/09/12, 9:52 am


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