Detailed Answer
Short answer: Under New York law, wrongful death recoveries for the pecuniary loss of survivors are distributed by statute to the decedent’s distributees and do not pass simply as assets of the decedent under the terms of a Last Will and Testament. However, a separate survival action for the decedent’s own pre‑death losses (for example, pain and suffering) generally becomes part of the decedent’s estate and will be distributed according to the will or by intestacy if there is no valid will.
How New York law separates claims and who gets the money
New York treats two related claims differently:
- Wrongful death claim (statutory): Brought on behalf of certain surviving family members (often by the decedent’s personal representative). Recovery is intended to compensate the survivors for their pecuniary losses (loss of financial support, loss of household services, loss of inheritance, etc.). These proceeds are distributed to the decedent’s distributees under the wrongful death statute, rather than being distributed according to the decedent’s will. See New York Estates, Powers & Trusts Law (EPTL) § 5-4.1: https://www.nysenate.gov/legislation/laws/EPT/5-4.1.
- Survival action (pre-death damages): A survival claim seeks damages that belong to the decedent for harms suffered before death — for example, pain and suffering, lost earnings up to the time of death, or medical expenses incurred prior to death. Those recoveries are generally assets of the decedent’s estate and are administered through the estate. As such, survival-action proceeds typically pass under the decedent’s Last Will and Testament (or by intestacy if there is no valid will).
Who brings the claims?
In New York the decedent’s personal representative usually files both actions: the wrongful death action on behalf of distributees and the survival action on behalf of the estate. The personal representative is the person authorized to sue and collect funds; but the wrongful death proceeds are allocated to the statutory distributees, not to the estate for discretionary distribution under a will.
Practical example (hypothetical)
Suppose a decedent named Alice dies in a motor vehicle collision. She left a will leaving everything to her friend Carol, and she has two adult children. If Alice’s personal representative obtains $200,000 in a wrongful death settlement for the children’s pecuniary loss, that $200,000 will be distributed to the decedent’s distributees under the wrongful death statute (the children and any other statutory distributees), not be paid to Carol under the will. If the estate also recovers $50,000 in a survival action for Alice’s pre-death pain and suffering, that $50,000 becomes part of the estate and is distributed according to Alice’s will (so Carol could receive those funds if the will so directs).
Important nuances and limitations
- What counts as a recoverable “pecuniary loss” in a wrongful death claim is defined by statute and case law. Courts analyze expected financial support, services, and other monetary losses to survivors.
- Some damages may be allocated between wrongful death and survival components in a settlement. Parties often specify how any settlement money is to be allocated (e.g., $X to wrongful death, $Y to survival) because allocation affects who ultimately receives the funds.
- If a settlement lumps both claims together without allocation, the personal representative and the court may need to decide how to divide the recovery. That can produce disputes among heirs and the person named in the will.
- Statutory definitions of who qualifies as a distributee and what recovery is available are set by New York law. You should consult EPTL § 5-4.1 and related provisions for the precise statutory language: https://www.nysenate.gov/legislation/laws/EPT/5-4.1.
Helpful Hints
- Act promptly: wrongful death and survival claims have procedural deadlines. Contact an attorney quickly to preserve claims and evidence.
- Identify the personal representative: the person who is legally entitled to bring the claims and to receive or disburse funds for the estate.
- Get clarity on allocation: if you negotiate a settlement, ask for an express allocation between wrongful death and survival damages to avoid later disputes over who is entitled to the money.
- Know who are the distributees: the wrongful death statute specifies which survivors share in a recovery. A will does not change that statutory scheme for wrongful death proceeds.
- Keep estate counsel involved: because survival proceeds generally become estate assets, an estate administration may be required to distribute those funds according to the will or intestacy rules.
- Expect possible creditor claims or liens: medical providers, Medicare/Medicaid, or others may assert liens against settlements. Ask counsel to check and address liens before distribution.
- Document losses for survivors: proving pecuniary loss (lost wages, support, household services) helps maximize an appropriate wrongful death recovery for distributees.
- Consult an attorney experienced in wrongful death and estate administration to navigate both statutory distribution rules and the mechanics of settlement or judgment allocation.
Disclaimer: This article explains general principles of New York law and is for informational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed New York attorney.