Supp. 1995). A surviving spouse can recover for the reasonable value of family responsibilities and household services that decedent would have performed, as well as the loss of support from the decedent's earning potential. Estate of Feld, 153 Misc. 2d 615, 582 N.Y.S.2d 922, 923-924 (Sur. Ct., New York Cty. 1992). The decedent's child is entitled to recover for the loss of financial support and lost parental care, guidance and love. Id. at 924.
In re Kaiser's Estate allocates the proceeds received upon settlement of a wrongful death action to be distributed to decedent's spouse and next of kin based on the period they might reasonably have looked to the decedent for support. 100 N.Y.S.2d at 220. The formula considers the life expectancy of the surviving spouse and the life expectancy of the decedent, selecting whichever figure is lower, and the total number of years of estimated dependency of each child on the deceased, ". . . and divides the anticipated years of dependency of each distributee by the total, producing a percentage of the recovery for each distributee." Cerisse Anderson, Old Formula Rejected for Death Settlements, 207 N.Y.L.J. 1 (March 4, 1992). Dependency of the decedent's children is generally measured until the children reach twenty-one years of age. Kaiser recognized there may be cases where a departure from the mathematical percentages is necessary if there are special factors present, such as illness or dependency which may transcend those in the usual case. 100 N.Y.S.2d at 221.
The net proceeds of the wrongful death settlement would be distributed according to the Kaiser allocation as follows:
APPLICATION OF THE KAISER FORMULA:
NAME DATE OF AGE ON YEARS OF PERCENTAGE
BIRTH 11/17/86 DEPENDENCY INTEREST
LETICIA 2/19/47 39 34.20
JAMES 5/23/74 12 8.51 11%
PHILIP 6/1/82 4 16.54 21.39%
WILLIAM 12/19/83 2 18.09 23.39%
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