Who must signa settlementagreement for a deceased plaintiff?

UPDATED: Dec 16, 2011

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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 11 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


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