QUESTION

Am I entitled to any money from a settlement if my mom is now deceased and how do I look into that?

Asked on Sep 26th, 2014 on Personal Injury - California
More details to this question:
My mother was in an auto accident back in May 2014 and settled her claim out of court. She was expecting a settlement check but unfortunately passed away August 18, 2014.
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3 ANSWERS

Edwin K. Niles
Money belongs to her estate. If you are her sole heir, then, yes, it's yours. However, if she has over $100,000 you may have to open a probate in order to pass title. If it is a small estate, you can use an affidavit under Probate Code 13,100. Perhaps you should talk to an estate lawyer.
Answered on Sep 29th, 2014 at 2:09 PM

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I'm sorry for your loss. Monies go to the estate. This assumes she signed the Release before she passed. If not, there is the issue of whether her death was somehow caused by the accident.
Answered on Sep 29th, 2014 at 3:29 AM

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If your mother died before the settlement agreement was final, her estate would not be entitled to any money paid for pay and suffering. If she died after the settlement, then there would be a binding contract for the whole sum to be paid. The money would go into her estate and would be distributed pursuant to her Will or state law if she has no Will.
Answered on Sep 26th, 2014 at 8:39 PM

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