QUESTION
Are siblings entitled to money from a settlement that the mother won from the wrongful death of her son who did not have any children or a will?
Asked on Oct 30th, 2013 on Estate Planning - Nebraska
8 ANSWERS
Edwin K. Niles
Not unless they were parties to the suit.
Answered on Nov 04th, 2013 at 3:41 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Siblings of the mother or siblings of the deceased son? I am not sure I understand your question. There generally is no "entitlement" when it comes to wrongful death proceeds or personal injury awards. There are "interested parties," who have the right to make claims. In the absence of an agreement by all interested parties, the judge decides who gets what. There are notice requirements that must be met, in terms of letting interested parties know they ARE interested parties and that they have the right to make a claim. This is a highly technical process. If you believe you did not receive proper notice, then you should contact a lawyer and review your facts.
Answered on Oct 31st, 2013 at 1:58 PM
2 Awards
It would likely belong to the mother's estate and yes her children would get it but more information is needed to know for sure.
Answered on Oct 31st, 2013 at 1:58 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Wrongful death damages are not distributed according to the will of the person who died. Strictly speaking, it's not the decedent's money, it's damages paid to family members for their loss of the deceased's society. There are statutes which direct all of this. The personal representative will be proposing a distribution, and that will be served on those affected.
Answered on Oct 31st, 2013 at 11:48 AM
3 Awards
Probably not. Were the siblings plaintiffs in the case? 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 Oct 31st, 2013 at 11:46 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, the mother if she is still alive, and then to the siblings of the deceased sibling.
Answered on Oct 31st, 2013 at 11:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If they were not parties to the civil action, then no, they are not entitled to the money awarded to their mother.
Answered on Oct 31st, 2013 at 11:43 AM
No, they aren't entitled to a portion of the money unless they were listed on the original or an amended wrongful death petition or the judgement indicated that the money was to be divided between the immediately family members.
Answered on Oct 31st, 2013 at 11:41 AM