Who must signa settlementagreement for a deceased plaintiff?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who must signa settlementagreement for a deceased plaintiff?
Deceased parent was part of a class action lawsuit. They had no Will. Immediate relatives are 3 children and 5 siblings. Who has to sign the settlement agreement – the children, only the executor or all immediate relatives, including siblings?
Asked on December 16, 2011 under Estate Planning, Alaska
Answers:
Sharon Siegel / Siegel & Siegel, P.C.
Answered 12 years ago | Contributor
I am a NY lawyer. In NY, the only person eligible to sign a settlement agreement is the administrator of the decedent's estate. Thus, one of the next of kin must petition the Surrogate's Court in the county of the Decedent's domicile to be appointed as administrator of the Decedent's estate. Thereafter, the administrator will collect the proceeds and divide it among the next of kin equally. There is some advantage to be appoined as administror. I would consult a lawyer. Sharon M. Siegel, www.siegelandsiegel.com 212-721-5300
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.