Legal Opinion
In re the Estate of Maier
New York Surrogate's Court
Decided November 20, 1998PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
C. Raymond Radigan, J.
It is customary for a wrongful death compromise petition to contain a representation that the decedent was not a recipient of public assistance (22 NYCRR 207.38; Surrogate’s Court Forms, 22 NYCRR subtit D, form WD-2 18 [b]). As a rule, the Department of Social Services retains a lien on any recovery for the decedent’s pain and suffering because damages of this nature are an asset of the estate. In contradistinction to pain and suffering, damages arising from wrongful death are not estate assets and pass directly to the decedent’s distributees in…
2Cases cited9 opinions
- In re the Estate of PiccioneNew York Court of Appeals · 1982
- Central New York Coach Lines, Inc. v. Syracuse Herald Co.New York Court of Appeals · 1938
- Molloy v. BaneAppellate Division of the Supreme Court of the State of New York · 1995
- United States v. ComparatoCourt of Appeals for the Second Circuit · 1994
- In re the Estate of SchiffmanNew York Surrogate's Court · 1980
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3Cited by5 opinions
- Estate of Hirshfeld v. Islamic Republic of IranCourt of Appeals for the D.C. Circuit · 2018
- In re the Estate of BuscemiAppellate Division of the Supreme Court of the State of New York · 2006
- Barnes v. Lawrence Nursing Care Center, Inc.New York Supreme Court · 2003
- DelRossi v. VNew York Supreme Court · 2004
- Estate of Yonadav Hirshfeld v. Islamic Republic of IranDistrict Court, District of Columbia · 2018