Q: If a person pass away and he had a law suit from a car accident do the money go to the mother or the father.
A: From what you posted, it sounds like the person died from a separate cause than from the car accident. In that situation, the personal representative can continue the claim on behalf of the estate. The parents equally share if there is no will, no surviving spouse, and no children.
Marco Caviglia agrees with this answer
A: If the decedent had a Will, the settlement proceeds would be distributed in accordance with the terms of the Will. Absent a Will, the proceeds would get distributed in accordance with New York EPTL § 4-1.1. Thus, if he was not survived by a spouse or children, the proceeds would get distributed equally between his surviving parents.
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