How much of a claim does my husband's family have to the estate?

Question

My husband died in a work accident almost 2 and a half years ago.  The wrongful death case has been settled and the money is going into an estate.  How much of a claim will the family of my husband have to the estate?  I have a young son and am just wondering if there is a set guideline that the court uses.

Ronald Nims · Answer

In Ohio, the entire estate would go to the surviving spouse and his child. His other family members, siblings, parents eric have no claim.

Norman Green · Answer

If by family you mean his parents, siblings and their descendants other than your son, probably nothing.  If you mean his children by a previous relationship, probably 1 quite a bit.

Edwin K. Niles · Answer

In legal theory, death claims are for loss of future support, so you and your son would be the primary beneficiaries.  Was he supporting his family aside from the two of you?

James Eugene Hasser · Answer

Wrongful death proceeds bypass the estate and go straight to the heirs as if there were no estate in Alabama. Money owed minors have to go into trust. Consult with the lawyers who handled the case for details. Good luck.

Brian Haggerty · Answer

The damages for wrongful death aren't part of the estate, they are special to each person who suffered damage. The settlement of the wrongful death claim should have specified what each person is entitled to. The personal representative will petition the court to approve the disposition of the settlement proceeds (after subtracting costs). You should get notice of this petition  contact the personal representative's attorney.

James Weiner · Answer

Generally his heirs are his children and you.. otherwise his family should have no claim  to his estate in the absence of a will that states otherwise.

Richard Jacobson · Answer

The Wisconsin wrongful death statute sets up a priority of which survivors are entitled to make the claim.  If there is a surviving spouse, s/he has the claim.  In all likelihood, therefore, the money belongs to you.  Why it was paid to the estate is a question.  Did you have a lawyer make the settlement?  He or she has some questions to answer about his/her judgment.  As to other survivors, unless your late husband left a will, all the property goes to you if you were married at the time of his death.  I strongly suggest you retain a lawyer knowledgeable about personal injury and probate, whose advice can help you stand up against family pressures.  Good Luck.

Christine James · Answer

It depends upon how many heirs their are and what degree of relationship that heir has.  Contact the estate attorney or any attorney of your own to review the Petition.

Thomas Phillip Boggess · Answer

I'm assuming that you have a probate estate opened to file the wrongful death case.  Was there a Will?  If not, it would go according to the intestacy rules.

Thomas Bulman · Answer

You should ask the attorney that settled the wrongful death case.  He should have retained an estate lawyer to help with the various claims of your husband's relatives.  If he had a will, that will control distribution.  If not, then the claims will be treated differently.  If your injury lawyer didn't plan for this, contact an estate lawyer yourself.

Thomas Edward Gates · Answer

They have no claim.  You and your son are the only beneficiaries to the settlement.  Stand your ground.  They can bring their own lawsuit if they wish.  If they do so and prevail, you would have no claim to that judgment.

Randall Romei · Answer

If your husband had a Will the terms of Will determine how his estate is distributed.  As his spouse on the date of death you do have rights of renunciation that allow you to receive at least a third of the estate regardless of the terms of the Will.  If your husband had no will the state statute on descent and distribution control the distribution of his estate.  If there is a spouse and children on the date of death, the spouse receives half of the estate and the children equally divide the remaining half of the estate.  If there is no spouse on the date of death then the children receive the entire estate.  If there is more than one child then the children equally divide the share of the estate due the children.

Jayne Sebby · Answer

If your husband had a will, the money remaining after all expenses for the wrongful death suit have been paid  will be distributed according to the terms of that document.  If he didn't, you and all of his children would most likely be the sole recipients.  His family won't have a claim on the money unless your husband was part of a family business and they were a part of the suit.

Ronald A. Steinberg · Answer

Each claimant would have to prove to the judge as to the extent of their loss.  You and your son would undoubtedly get almost all of the money.  I suggest that you discuss that with your lawyer who handled the case; this is part of the lawyer's responsibly.

Mark Sternlicht · Answer

There are statutes that govern the distribution of wrongful death proceeds in North Carolina.  If your husband had no other children, then all of the wrongful death proceeds go to you and your son after the payment of attorneys' fees and expenses.  The attorney who represented the estate should be able to answer questions about the distribution.

Andrew Velonis · Answer

If he had a will, then the estate is divided up according to the provisions of the will.  If he did not, then you get everything.

Georges Shers · Answer

If you husband died in a work accident, then as his widow you have a Workers' Comp. claim for death benefits.  Your children would also be entitled to part of the benefit.  If a third party caused the death, then they would be liable under a civil tort suit, but the employer would be entitled to a lien for benefits paid.  Normally you have to make a Comp. claim within one year unless the employer accepts the injury or pays benefits.   I am unsure what happened in your situation. Go immediately to a local Workers' Comp. attorney who also handles third party lawsuits to see what needs to be done and when.  The WC benefits would not go into his estate.  Money from a civil suit by his estate for wrongful death would go into the estate which is then divided by California probate law among the heirs.  You may need to also see a probate attorney.

Jeffrey Gottlieb · Answer

That doesn't sound correct.  A wrongful death claim doesn't belong to the estate, it belongs to the heirs.  In Illinois, a decedent's spouse and children are heirs; the decedent's parents and siblings are not.  If it's instead a survival personal injury claim, that would be paid to the estate.  Unless your husband had a will leaving property to his parents or siblings, then they would not receive anything since they are not heirs. If there is a long-running case tat has been settled, then all of this should have been made clear before the settlement.

Victor Waid · Answer

Your husband's family should have no claim against the moneys for the work place death; you and your son are direct heirs to that estate money. Suggest you obtain the services of a probate attorney to advise you.

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