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My dad just passed away from bone and lung cancer last week…

Customer Question
My dad just passed...

My dad just passed away from bone and lung cancer last week Tuesday, March 20th. His wife filed a malpractice lawsuit in Bronx County (New York State) and his attempting to cut my siblings and I out of a future settlement. There are 7 surviving adult children in total. Are we entitled to any of that settlement?

Lawyer's Assistant: Have you talked to a NY lawyer about this?

Not as of yet.

Lawyer's Assistant: What steps have you taken so far?

Just found your website, thus the reason I am asking these questions.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not right now

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/26/2018
Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,708
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 3 months ago
Ok thank you
Lawyer: legalgems, Lawyer replied 3 months ago

Thank you for your patience and my sympathies for your loss.

So essentially the wrongful death statute is codified at Article 5, EPTL 213-217 and it allows a surviving spouse or child to sue for the wrongful death that the decedent would have been able to sue for based on medical malpractice issues.

The personal representative of the estate may sue as well in which case they are deemed to hold the proceeds for the benefit of the decedent's heirs; please see:

The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent's death;... When the distributees do not participate in the administration of the decedent's estate under a will appointing an executor who refuses to bring such action, the distributees are entitled to have an administrator appointed to prosecute the action for their benefit.

A decedent's pain and suffering is one component of the litigation; the family member's loss is another.

It is important to hire an attorney to determine if the spouse is acting as the personal representative; and to assist with any attempts to exclude certain heirs.

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Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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