QUESTION
Can my dad spend my mom's lawsuit money if they were already divorced?
Asked on Dec 19th, 2013 on Estate Planning - Idaho
More details to this question:
My mom got a heart murmur from diet pills, sued the company and was supposed to get $75,000 but died before she could. My dad and her were divorced so it was supposed to go to me and my sister. We haven't gotten it and know he spent it. Is that legal?
16 ANSWERS
The money should have gone to your mother's estate and her heirs, which probably would be her children. You should demand an accounting from your dad and that all of the money be returned to the estate or heirs. If he refuses, you will need to hire a lawyer to get a court order against your dad.
Answered on Dec 24th, 2013 at 10:59 PM
Probably not. It may depend on what the divorce decree says. It is odd that the defendant would pay it to your father if he did not have authority to spend it. There is more to this story.
Answered on Dec 24th, 2013 at 10:47 PM
Personal Injury Attorney serving Marksville, LA
at
The Bryan Law Firm L.L.C.
Update Your Profile
Under Louisiana law, proceeds from a tort (personal injury) claim are the separate property of the claimant. If your mother died, and assuming she had no will, her children would inherit her claim or cause of action. Your father would have no interest in her recovery, although he may have had a loss of consortium he could have pursued on his own.
Answered on Dec 23rd, 2013 at 9:53 AM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
You do not give all of the information necessary to completely answer this question. Were you minors that lived with him? If it was rightfully yours he was a fiduciary for your funds.. and arguably had a duty to spend it on you So.. did he spend it on you? Did you live with him and did he spend it on housing, clothing and food?
Answered on Dec 23rd, 2013 at 9:53 AM
Thomas Edward Gates
Your dad has no right to the money. You need to probate your mother's estate. The executor can demand an accounting of where the money went. The award is considered personal property and your dad had no right or ability to cash the check.
Answered on Dec 23rd, 2013 at 9:52 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
It depends; there are too many possibilities to answer this one by email. The attorney who handled the lawsuit could tell you.
Answered on Dec 23rd, 2013 at 9:52 AM
Edwin K. Niles
Better see a probate litigator.
Answered on Dec 23rd, 2013 at 9:52 AM
Is it possible that the award was included in the divorce settlement? If that's the case, then it is possible that some or all of the money was assigned to your father. It is also possible that your father joined your mother's suit and made a claim for lost consortium. If so, then he may again be entitled to some or all of the money. And if you and your sister are minors, your father may have been named as trustee of the funds which should be turned over to you when you reach the age of majority. If none of these situations are possible, contact the company to see who they sent the money to. If it was your father, you need to talk to him. An attorney can help you with this matter.
Answered on Dec 23rd, 2013 at 9:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, on the limited facts you may be correct.
Answered on Dec 23rd, 2013 at 9:51 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
No, not legal. You need to sue your Dad for the money return, and report him to the district attorney for your county for criminal theft of the property rightfully belonging to you and your sister.
Answered on Dec 23rd, 2013 at 9:51 AM
2 Awards
No it is not legal but if he spent it, it may be too late to recover it. See an attorney.
Answered on Dec 23rd, 2013 at 9:51 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
It is hard to understand how your father would have gotten the money. Far more likely, the money has not been paid, because in light of your mother's death, an estate would need to be opened and a Personal Representative appointed, in order to collect the money. This is something you should contact the company about. You can also check to see if an estate was opened for your mother. The only way your father would have been able to get the proceeds is if your mother's estate somehow owed it to him. Either way, you would have been given notice. I suspect that the money is still there for you to obtain, once you follow the correct procedures.
Answered on Dec 23rd, 2013 at 9:51 AM
Yes. Did anyone notify the Personal Injury attorney or the company that they were divorced? How about the probate court? Anybody notify them? How long ago did your mother die?
Answered on Dec 23rd, 2013 at 9:50 AM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Probably not. How did he get the money at all? Fraud? Theft? It is possible that you can sue him, and possible that you can sue whoever gave him the money.
Answered on Dec 23rd, 2013 at 9:50 AM
No. Assuming the money was sent out after she died, her estate would not be entitled to any pain and suffering damages, which probably is a large part of the settlement. The defendant company would not have paid anything out unless it though that your dad was legally entitled to it. So you need to check into the facts more. Ask the insurance company what happened to the money. Clarify the facts with your father.
Answered on Dec 23rd, 2013 at 9:50 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Were you in his custody at the time? Did it go through probate? You might be able to sue him for the loss, but you really need to talk with an attorney first because it may be too late or there may be other issues that would make the lawsuit untenable.
Answered on Dec 23rd, 2013 at 9:49 AM