If I ‘m now an adult, does my grandmother have any rights to a malpractice settlement award regarding my mother’s death?
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If I ‘m now an adult, does my grandmother have any rights to a malpractice settlement award regarding my mother’s death?
Approximately 6 years ago my mother died and my matenal grandmother sued the hospital for malpractice. She said that since I am now of age I need to meet with her lawyers to sign for my portion of the money and to change the name of the account holder from her name to mine. I want to know if I should have my own lawyer present and if in any way my grandmother could claim mine or my brother’s portion of the money.
Asked on October 3, 2011 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. It is never a bad idea to have someone else looking after your own best interests. Here is what I think happened. When your Mother passed away your Grandmother became your guardian, correct? Then she probably sued the hospital on behalf of you and your brother as your guardian. Or else she sued as the executor/administrator of the estate of your Mother. If, however, your grandmother was in any way supported by your Mother then she could have had her own claim upon her death. The documents as to the lawsuit and the settlement need to be read to see what happened. And that really is best done by someone that has you and your brother's back (not that your grandmother is doing or did anything wrong). Good luck.
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