Confusion between allocation and distribution is common in New York wrongful death practice.
The problem is the result of importing the estate administration mental model into a statutory cause of action that does not follow probate logic.
This post explains why that confusion arises and why New York’s wrongful death framework resists intuitive assumptions drawn from Surrogate’s Court practice.
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Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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