
By Roman Aminov,
Celebrated for extensive experience helping New York families collect, allocate, and distribute wrongful death recoveries through Surrogate's Court, with hundreds of heartfelt client testimonials, Roman Aminov delivers thoughtful, individualized solutions to our clients' needs and wishes.
Losing a loved one to someone else's negligence is devastating, and the legal process that follows can feel like a second blow. When a wrongful death case settles, the money does not simply land in the family's hands. It moves through the estate, under the watch of a court-appointed administrator, and follows rules that most families have never had reason to learn. We walk alongside you so that process protects your family instead of overwhelming it.
A wrongful death claim in New York belongs to the decedent's estate, not to the grieving relatives individually. That means only a personal representative, an administrator or executor appointed by the Surrogate's Court, holds the legal authority to settle the case and receive the funds. Families often come to us mid-lawsuit, surprised to learn that the personal injury attorney handling the courtroom fight cannot release a penny until the estate side is squared away.
Our role is to open that door correctly. We secure the proper Letters of Administration, confirm the right person is appointed, and make sure the authority granted actually matches what the settlement requires.
Here is where many families are caught off guard. A wrongful death recovery usually divides into two very different buckets, and the split affects who receives what. One portion compensates surviving family members for their financial loss, the income and support that vanished. The other compensates the decedent for any conscious pain and suffering endured before death, and that money belongs to the estate itself.
The distinction matters more than it sounds. Funds tagged for wrongful death flow directly to distributees and stay shielded from most estate creditors. Funds tagged for pain and suffering pass through the will or intestacy and can be reached by creditors. Getting this allocation right is one of the most valuable things we do, and we build the case for it carefully.
No wrongful death settlement in New York is final until a judge approves it through a compromise proceeding. We prepare the petition that lays out the accident, every distributee with their ages and addresses, the gross settlement, attorney's fees, expenses, liens, and our proposed distribution. The court reviews all of it to confirm the deal is fair and that no vulnerable beneficiary is shortchanged.
When minor children or incapacitated family members are among the distributees, the court applies extra scrutiny, and so do we. We have guided countless Queens and greater New York families through this exact moment, and we know how to present a petition that earns approval without unnecessary delay.
The honest answer is sooner rather than later. Families who bring us in early, even before a settlement number is finalized, tend to face fewer surprises and faster payouts. We can review your situation, explain where you stand, and map the path ahead in plain language during a no-cost conversation.
You have already carried enough. Let our team handle the legal machinery so you can focus on your family. We treat every case with the patience and respect we would want for our own loved ones.
Call us today at (347) 766-2685 or visit https://aminovlaw.com/ to schedule a free consultation.


