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Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
Satisfied Customers: 961
Experience:  I have 25 years experience as a Washington State Personal Injury Attorney
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Is it law In N.Y that a settlement compromise releases that

Customer Question

Is it law In N.Y that a settlement compromise releases that has been settled out of court need to be court approved? There are NO minors involved.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Seattle Scott replied 2 years ago.

Generally there is no such requirement. An exception ( requiring court approval) would be if there are multiple jointly liable defendants.

Customer: replied 2 years ago.
Reason I'm asking bout both states is insurance Co keeps changing where they want the court approval from. They say its NY LAW & is required. Would you say the settlement should just be deposited into the estate? or can they just give it to us? we are the only Heirs & the administrators of the estate. is there something the court has to decide in order to have it distributed?
Expert:  Seattle Scott replied 2 years ago.

I read the background facts contained in your other questions. Your friend died in NY after being hit by a car - he lived for a few days. He was a CA resident and had a will naming you and your wife as the sole heirs and administrators of his estate. You have had a CA court admit the will for probate and appoint you/wife as the administrators/executors of the estate. So you have capacity to settle the ESTATE's claim. I am going to have to check NY law to see who is entitled to bring a wrongful death claim and who are the beneficiaries of such a claim. I think what the insurance company is worried about is cutting off your friend's family members from making a wrongful death claim under NY law and the insurance company having to pay twice, after paying all the insurance policy coverage to you.

Customer: replied 1 year ago.
Ok gr8 thanks BTW I'm the wife
Expert:  Seattle Scott replied 1 year ago.
See my final answer to the other question. The other thing you could do is try to convince the insurance company that the statute of limitations has run out on the wrongful death claims by the siblings so court approval is not needed as there are no viable claims left unresolved. Maybe offer the insurance company another six months before it has to pay out the settlement money to make sure the insured didn't get served by the siblings in the meantime. ( Note only the estate representative - you - can pursue the suit for the siblings, but this doesn't mean they couldn't try, so 6 months would be a good buffer to rule this out.
Customer: replied 1 year ago.
Did I now extend the sibblings statute of limitations to claim if I filed the summons with notice to extend it for us?
Expert:  Seattle Scott replied 1 year ago.
Maybe, It depends on what the "notice" said. If it was limited to personal injuries and the Plaintiff was the Estate only and not on behalf of the siblings, then you didn't extend the S/L for the siblings claim.

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