My father is deceased, mother still alive, a settlement check was received made out to "Mother..., Estate of Deceased Father". Does my mother receive the entire check or should it be split between my mother and her 3 adult sons?
My father is deceased, mother still alive, a settlement check was received made out to "Mother..., Estate of Deceased Father". Does my mother receive the entire check or should it be split between my mother and her 3 adult sons?
What was the settlement for ?
In the estate how was the rest of the estate settled, was there a will.
Why does the 3 adult sons believe they should get part of it ?
It was a class action law suit. There was no estate or will. My father died 7 years ago. Just received settlement in class action law suit.
What State? I am quite surprised that the Attorney didn't clear this up BEFORE cutting the check.
Well it was probably made out to your mother "as administratrix of the estate of" father, assuming she was appointed to run the estate. If your father died with no will, there are laws, depending on the state, of intestate succession.
Here in New York, I believe the Surviving spouse gets 50% with the remainder split between the children, but I may be wrong. I actually posted the actual law on this a year or so ago, you can find it by searching my prior posts.
Yes, you are wrong about the split in NY going 50% to spouse and remainder split between the children.
Among other problems if it were by law disinherited children would stand to collect - I see all sorts of problems.
I have never seen a check cut 50% and the remainder split.
Obviously banks don't pay half a check, that is just silly. My answer presupposed based upon the op's wording that the mother had been appointed to administer the estate. In which case the check would be cashed IN FULL by the estate, and then divided thereafter pursuant to the below:
I have no idea what you are referring to about banks and being silly - I made no reference to a bank. I was making reference to a check being cut (and I presume a bank isn't paying the settlement).
I believe a lawsuit, depending on how it was placed in suit, is outside the law you have posted.
A lawsuit is an asset, plain and simple. From the perspective of a Surrogate's Court, it is viewed exactly the same as a bank account. If the children are entitled to part of the estate, they are entitled to part of a settlement check if it is indeed made out "to the estate of: father".
The only wrench in the works is if a derivative claim (ie: loss of services) was brought on behalf of the mother, in which case she would be entitled to all of the money for that claim. I think it is a moot point, as I doubt a class action settlement check that comes through the mail is going to rise to the level where its division would be at issue.
And I think the answer is to advise the OP that based on the dollar amount he/she should consult with an Attorney about the possible requirement to take the estate either back to Probate - or to Probate in the first place. A live and in person Attorney needs to look at this.
Without knowing the details of the suit and settlement I don't think an accurate answer can be given.
EDIT: Just got off the phone with a local Attorney (business call, another subject) and she said that SOMEONE (most probably the Attorney representing the OP's father) HAD to have been appointed to represent the father's interest in this matter because the father is deceased and can no longer consent to the settlement offer/figures. SOMEONE should have covered this at that time and if no one did - who gave the info on how to cut the check? - it should be addressed WITH THE ATTORNEY now.
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