There is no short answer to your question. Read my Avvo Guide on Wrongful Death Law and Procedure in NY.
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You need to discuss the facts of the case, and the remaining family who could bring and benefit from such an action. You may also want to consider if there is a conscious pain and suffering case as well. Call our office for a free consultation. I would be happy to discuss the case with you.
The law allows the 'personal representative' of a decedent's estate the right to sue for pecuniary loss on behalf of those persons who would recover under the estate.
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The Estates Procedures and Trusts Law (EPTL) will also tell you who would be entitled to the proceeds in an estate if there is no Will.
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