Can wrongful death suit be filed pro se by appointed administrators if they are the only beneficiaries? New York Nassau County

June 17, 2015

Question

We were willed & court appointed administrators
He had no wife or children, his siblings are estranged for 50yrs.
Insurance already sent release of settlement, but claims it needs to be court approved.
Statute of limitations VERY close, just need to file to poll/buy time to figure out court approval of settlement.
If filed without Attorney, by both administrators the only beneficiaries on behalf of the estate, can/will that be thrown out? Will a Summons & notice poll the statute?

Answer

In NY, administrators typically have no authority to settle a wrongful death action without Court approval (a procedure called a "compromise"). This is a particular form of relief with its own set of requirements, which, in my view, should not be attempted by a non-lawyer. At best, it will be rejected by the Clerk's office; at worst, it will be denied by the Court.

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