Move forces delays in Taconic wrongful-death lawsuits

Lawsuits against the wrong-way Taconic State Parkway driver's estate will be delayed for at least two more weeks by her husband's decision Tuesday to let a little-known Suffolk agency oversee the estate, attorneys said.

Daniel Schuler's decision - announced in Suffolk Surrogate's Court Tuesday - surprised attorneys for the family of two victims from the July Westchester collision, in which authorities say Schuler's wife, Diane, was drunk and high on marijuana.

"I think it's rather strange," said Brian Sichol, the Suffern attorney for the family of Michael Bastardi, 81, and son Guy, 49. "I have no idea why Daniel Schuler would want a stranger administering his wife's estate."

The Bastardi family can't sue Diane Schuler because she died in the crash, with her 2-year-old daughter, three nieces, the Bastardis and their friend, Daniel Longo, 74. The family petitioned Suffolk Surrogate Judge John M. Czygier Jr. last month to create a legally recognized estate and appoint an administrator.

Czygier now must rule on whether to appoint the Suffolk Office of the Public Administrator, which usually handles the indigent estates or those without survivors. His decision is expected in the next few days, but Sichol said the added paperwork and postal delivery will delay a wrongful-death lawsuit until after Thanksgiving.

David A. Smith, a Garden City estate attorney representing Daniel Schuler, said Schuler opted out of being the administrator of his wife's estate on the belief that he, individually, would be named as a defendant in the Bastardi lawsuit.

By opting out, Schuler avoids a conflict, Smith said, between his own interests and those of his wife's estate, which would likely be represented by attorneys for her insurance company.

"It just gets too intricate if Daniel is involved," Smith said, adding that a judge would not allow such a conflict.

Though the Bastardi family has said they believe Daniel Schuler knew his wife abused drugs and alcohol, Sichol said he has no plans to sue him.

"Maybe Mr. Smith knows of a reason that Mr. Schuler should be a party [to the lawsuit], but I don't know of one," Sichol said.

Yesterday's proceeding underscores how the Taconic saga has entered a new phase: the arcane legal world of Surrogate Court and personal injury litigation.

Sichol said he plans to sue not only Diane Schuler's estate but also her brother, Warren Hance, whose minivan she was driving. Hance's three daughters all died in the accident, on their way home from an upstate camping trip with their aunt and uncle.

Hance's insurance would serve as the primary payer in any settlement or verdict. Diane Schuler's insurance would pay anything above the Hance's insurance limits, Sichol said.

Warren and his wife, Jackie Hance, have also set up Surrogate Court estates for each of their daughters, ostensibly to make an insurance claim to help cover nearly $30,000 in funeral costs, records show.

In theory, legal experts said, the Hances could amend the filings to allow them to sue Schuler's estate. Sichol said a Hance family attorney has vowed not to do that. Attorneys for the Hances did not return calls.

Alan Kraut, a Garden City estate attorney not connected to the Schuler case, said Daniel Schuler - by not administering his wife's estate - has preserved his own right to sue for his surviving son, Bryan, 5.

But Schuler's representatives say he wants only to clear his wife's name.