Q. My spouse died in a car accident.

I have hired a lawyer to sue the driver of the other car. There are no assets other than the lawsuit. Does a proceeding need to be filed in surrogate's court?


Answer

Yes. A probate proceeding or administration proceeding will be necessary. The Executor or Administrator can bring the action in the appropriate court. When a settlement is reached or a trial has been concluded, a proceeding should be brought in Surrogate’s Court to allocate and distribute the proceeds to the proper persons

  • Last Updated Jan 17, 2020
  • Views 9
  • Answered By Librarian 5

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