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Am i entitled to any portion of a medical negligence settlement my mother is receiving from my fathers death?

Brasher Falls, NY |

Father died 3 yrs ago.Bled to death when a port leaked that was put in for dialysis . doctor admitted negligence.there was no will and my father did not have anything else of value. saw final paperwork yesterday and my mother is settling before a trial. i was not a co plaintiff or was ever asked to be. My sister and mother have been involved with whole process and did not include me.i am 39 and disabled. do i have any rights under nys law.

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If your father died without a will, you would be entitled to a share of the proceeds of the estate. Estate Powers and Trust laws sect 4-1.1 governs the distribution of an estate when one dies without a will. Consult an attorney but the statute dictates that the surviving spouse takes the first $50k plus half of the residual estate, and issue (children) take a representative share if the balance. This you and your sister would get equal shares.

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Speak to a New York attorney right away. You may well have an interest in the proceeds of a settlement. Time is of the essence!

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As Mr. Gennarelli indicates, your entitlement to a portion of the settlement proceeds will be a function of whther or not there is a will and its terms. You should be able to get a copy of the wrongful death compromise petition which will state who gets what and how much. If it appears you are getting nothing or what you believe is not the proper share, consult with an attorney before the compromise order is signed.

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Consult a NY attorney as there may be several different ways of handling the claim depending on whether there is a will.


Get your own lawyer then


An experienced New York lawyer that handles cases of this type will be able to assist you. It should not cost you anything to consult. Sounds like you do have rights that you should pursue.


You do not indicate whether or not you are receiving any benefits because of your disability or if the receipt of any settlement proceeds might impair your ability to collect in the future. Since you do not explain why you have not been involved in the process, these may be factors that need to be taken into consideration in deciding what you should/can do.

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