Q: My father passed away in an automobile accident. He had very little money, owned no property and did not have a will. Can I sue the driver of the other car for him?
A: Yes. You will have to obtain Limited Letters of Administration. You get this by petitioning the Surrogate’s Court to appoint you as the administrator of his estate for the limited purpose of bringing the lawsuit. Generally, you will need a certified copy of the death certificate, a copy of the paid funeral bill and a copy of the divorce decree, if your parents were divorced. Lastly, if your mother and siblings are okay with you taking on this role, you will also need a waiver from each consenting to your appointment. If you have any additional questions or concerns about such matters, you should contact a personal injury and/or trusts and estates attorney.
Michael A. Serpico is an Associate in the Personal Injury practice in the Garden City office of Meyer, Suozzi, English & Klein, P.C. located in Long Island, NY. Mr. Serpico has significant experience in state and federal civil litigation from intake to appeal and has also secured numerous successful appellate decisions.
Over the past 50 years, Meyer, Suozzi, English & Klein, P.C. has grown to encompass four individual offices located in Garden City, N.Y., New York City, N.Y., Albany, N.Y., and Washington D.C. offering a wide variety of legal services.Our 18 practice groups manage, negotiate or litigate just about any legal issue, transaction or dispute ranging from:Alternative Dispute Resolution, Bankruptcy and Business Reorganization Law, Personal Injury Law, Criminal Defense Law, Corporate Finance, Corporate Law, Disability Insurance Claims, Education Law, Employee Benefits ERISA Law, Employment Law, to: Government Relations, Labor Law, Litigation and Dispute Resolution, Municipal, Land Use & Environmental Compliance Law, Professional Responsibility, Real Estate Law, Tax Certiorari & Condemnation Law and Trusts and Estates.