QUESTION
Are my kids entitle to get some money from his injury law suit?
Asked on Jan 21st, 2014 on Estate Planning - Oregon
More details to this question:
My son’s father died 2 years ago. The attorney that had his case said it was closed but before he died, she had send him a settlement letter awarding him some money.
11 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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So, before he died, decedent got some money. Did he have a will?
Answered on Jan 30th, 2014 at 8:37 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to seek the assistance of a personal injury lawyer to seek a determination as to whether your children are entitled any part of the injury award that was settled before his death.
Answered on Jan 30th, 2014 at 8:37 PM
Edwin K. Niles
Huh? Be more clear.
Answered on Jan 30th, 2014 at 1:11 PM
2 Awards
Probably. Contact a probate attorney and give them more information.
Answered on Jan 30th, 2014 at 1:11 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If the father had a Will any assets owned by the father would be distributed pursuant to the terms of the Will. The Will would be filed in the Circuit Court of the county where the father lived. If there was no Will, the father's estate assets would be distributed in accord with the statute on descent and distribution. If the deceased was married and had children the deceased's estate assets would be distributed to the spouse and to the be shared equally by the children, born to or adopted by, the deceased father. Assets payable only while alive are not part of an estate. Assets having a designated beneficiary are not part of the estate. Assets held jointly with another person are not part of the estate.
Answered on Jan 28th, 2014 at 4:14 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need more information. If the case was settled pre-death, then the award may be locked in, and all you would need to do would be to claim it. There is not enough information to say, based on your summary, however. Your first step should be to contact the attorney to determine where things stand and what needs to be done.
Answered on Jan 28th, 2014 at 4:13 PM
Thomas Edward Gates
If the case was ongoing at the time of his death, the estate would take over as the plaintiff. The Executor would make the decision on whether to take the settlement of not. Watch out for the statute of limitation period. Miss this date and you lose your right to sue.
Answered on Jan 28th, 2014 at 4:12 PM
If the settlement occurred before he died, then any part that was for pain or suffering or bodily injury would be his property and would go into his estate to be distributed according to his Will or the state laws on intestacy [death without a Will]. If he died before the settlement was final, then the defendant does not have to pay those damages. Any claim for wage loss would be considered community property. You do not say if your son was also his son and/or if you were married.
Answered on Jan 28th, 2014 at 4:12 PM
3 Awards
It depends. Start with the personal injury attorney. See what she has to say......You may need an estate attorney review the paperwork and advise you thereafter. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Jan 28th, 2014 at 4:12 PM
You will need to take all the paperwork to an attorney who specializes in accident settlements.
Answered on Jan 28th, 2014 at 4:11 PM
Usually yes. You need to find out more about it.
Answered on Jan 28th, 2014 at 4:11 PM