Wrongful death administration

July 16, 2015


If a wrongful death occurs in an hospital and the deceased is survived by an estranged spouse who was abusive and adult children, on what grounds can one of the adult children move to be the sole administrator of the deceased parent estate? Will the fact that the deceased parent had, prior to dying, executed a contract to financially support one of the adult children be a favorable factor for that adult child to become sole administrator of the estate, especially if it can also be proven that the other siblings don't have a great interest in the welfare of the adult child whom the deceased parent had executed a contract to financially support?


The appointment of one potential heir over another does not confer any benefit to that appointee under the rules of intestacy. If the deceased is survived by a spouse (unless they were divorced), the spouse inherits all. Distribution of the assets of an intestate is pursuant to a formula in the NY Estate Powers & Trusts law, and it matters not whether one sibling was closer to the deceased while another one hardly spoke to them. If someone wants to favor one of their kids over their spouse, or over the other kids after they die, they write a will.

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