The Personal Representative shall distribute the award in a manner consistent with the law of the decedent's domicile or any applicable rulings made by a court of competent jurisdiction. The Special Master may require the Personal Representative to provide to the Special Master a plan for distribution of any award received from the Fund before payment is authorized. Notwithstanding any other provision of these regulations or any other provision of state law, in the event that the Special Master concludes that the Personal Representative's plan for distribution does not appropriately compensate the victim's spouse, children, or other relatives, the Special Master may direct the Personal Representative to distribute all or part of the award to such spouse, children, or other relatives.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2006–2024 · leading case:
Cruz v. McAneney, 31 A.D.3d 54 (N.Y. App. Div. 2006).
Cruz v. McAneney, 31 A.D.3d 54 (N.Y. App. Div. 2006).
· cites it 5× “Under *58 the Act, the personal representative has the duty to “distribute the award in a manner consistent with the law of the decedent’s domicile or any applicable rulings made by a court of competent jurisdiction” (28 CFR 104.52), which has been interpreted as not precluding…”
Marchand v. Marchand, 2007 NMCA 138 (N.M. Ct. App. 2007).
· cites it 3× “Pursuant to 28 C.F.R. § 104.52 , “[t]he Personal Representative shall distribute the award in a manner consistent with the law of the decedent’s domicile or any applicable rulings made by a court of competent jurisdiction.”
Marchand v. Marchand, 171 P.3d 309 (N.M. Ct. App. 2007).
· cites it 3× “Pursuant to 28 C.F.R. § 104.52 , "[t]he Personal Representative shall distribute the award in a manner consistent with the law of the decedent's domicile or any applicable rulings made by a court of competent jurisdiction.”
Marchand v. Marchand, 199 P.3d 281 (N.M. 2008).
· cites it 2× “28 C.F.R. § 104.52 (2008). {5} A Special Master appointed by the United States Attorney General oversaw the implementation of the Fund and determined the amounts to be awarded to claimants based upon the harm to the claimant, the facts of the claim, and the individual…”
Matter of Pryor-Holland, 2024 NY Slip Op 51009(U) (N.Y. Surr. Ct., Queens Cty. 2024).
“Upon receipt of a VCF award, the personal representative is obligated to distribute the award in a manner consistent with the law of the decedent's domicile or any applicable rulings made by a court of competent jurisdiction ( 28 CFR § 104.52 ). In New York State, damages…”
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