QUESTION
Can I sue for the suicide of my mother?
Asked on Apr 22nd, 2018 on Personal Injury - New York
More details to this question:
My mother's common-law husband of 13 years cheated on my mother while she was in a rehab center with a mutual friend for months. Upon my mother discovering this information, she discontinued dialysis and went home to die. My mother would never have passed away if this hadn't happened as quickly as she did. She was happy and relatively healthy for having renal failure. This man stole my mother from me and has to date refused to return her property and has given away some of her personal effects to strangers.
2 ANSWERS
Civil Rights Law Attorney serving Rockville Centre, NY
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Lori Nevias, Attorney at Law
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I am so sorry for your loss. Unfortunately you cannot sue this man for your mother's decision to discontinue dialysis and subsequent death. You can, however, file a police report for his theft of your mother's property, but first you would need to become legal representative of your mother's estate (executor or administrator, depending on whether she had a will). Once you are appointed executor or administrator, you may have other claims against this person, depending on the facts. For example, if he was living in your mother's property and was not a co-owner, you can have him evicted. More information is needed to determine your best course of action. It is understandable that under these circumstances, you would want to pursue every possible remedy against this person.
Answered on Apr 23rd, 2018 at 7:43 AM
Personal Injury Attorney serving New York, NY
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Giordano Law Offices Personal Injury & Employment Attorneys
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You need to move quickly before all her property is converted (stolen). NY law does not recognize "common-law" marriage. In order for this man to have the right to her property, without being legally married, your mother would have had to sign over a power of attorney to him, allowing him to act for her during her life when she was incapacitated. After her death, no one legally is permitted to take or sell your mother's property until a surrogate court has determined and issued an order for the disposition of her property. Technically, you could file a police report against this man if he is steeling her property. However, unless your mother had a will, you will need the surrogate court to make a determination. Move expeditiously.
Answered on Apr 23rd, 2018 at 7:16 AM