What happens to the settlement award if my daughter died before signing for the award? She had no will, was divorced and had no children. I am her closest relative (her mother).
If your daughter died before signing the settlement papers, then an estate would have to be opened up in order for a judge to allow the papers to be signed by the executor of the estate and then distributed to the beneficiaries. If she died without a will and she did not identify her beneficiaries, then the settlement proceeds would pass to her closest living blood relatives (most likely her parents) if she did not have a husband or children. So you need to hire a probate lawyer to open up an estate and appoint you as executor and allow you to act on the estates behalf. Additionally, if the death of your daughter was in some way related to the actions of the defendant who caused her personal injuries, then you may have an additional claim for wrongful death. So you have to consult with both a probate lawyer and a wrongful death attorney To explore these issues.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.