My former spouse was the parent of our deceased child. Is the former spouse entitled to share in my wrongful death settlement?

Asked over 5 years ago - New York, NY

The other parent has no money and is collecting medicaid and food stamps. I am executor of our child's estate which consists of no assets. I am told that the other parent, by right of parenthood, will receive 50% of the settlement I am anticipating. Can I prevent that as the other parent was not supporting us?

Attorney answers (5)

  1. Howard Robert Roitman

    Contributor Level 17

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    Lawyer agrees

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    Answered . At a GUESS no. Get a lawyer with more facts who knows what you may be able to show. GET A LAWYER!

  2. Stephen Boyd

    Contributor Level 10

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    Lawyer agrees

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    Answered . I am sorry for your loss.

    I do not believe New York law would allow you to prevent the other parent from collecting 50% of the settlement.

    I am assuming that you are represented and your attorney is aware of the "Intestate Succession" laws. These laws govern the assets of an estate of a person who had no will.

    The other person's economic status is not a factor. However, if your attorney can show a Surogate's Court judge that there was back child support owed, you might be able to have that amount deducted from the lawsuit recovery.

  3. Stephen Boyd

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I am sorry for your loss.

    I do not believe New York law would allow you to prevent the other parent from collecting 50% of the settlement.

    I am assuming that you are represented and your attorney is aware of the "Intestate Succession" laws. These laws govern the assets of an estate of a person who had no will.

    The other person's economic status is not a factor. However, if your attorney can show a Surogate's Court judge that there was back child support owed, you might be able to have that amount deducted from the lawsuit recovery.

  4. Lars A. Lundeen

    Pro

    Contributor Level 20

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    Answered . As I am not licensed in your state, I can only provide you with some general information. The answer to your question is very fact specific and you have not given enough facts here to form any opinions worth giving. I suspect that you must have an attorney representing you and the estate in the wrongful death claim concerning your child. You should direct your specific questions to the attorney for the estate on the wrongful death claim.

  5. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I am sorry for your loss.

    You should direct your specific questions to the attorney for the estate on the wrongful death claim.

    Too little detail exists for any observation by me other than speculation. Do not listen to any shoot from the hip responses.

    As Mr. Lundgren says, this is a very case-specific matter and the facts in the situation you have will drive the answer.

    Check with your own lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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