QUESTION
What happens to settlement winnings if the person entitled to it dies?
Asked on Sep 12th, 2013 on Estate Planning - California
More details to this question:
My family is currently in the midst of a medical malpractice lawsuit filed in the state of New York, due to the wrongful death of my mother. The lawsuit has been pending for years now, and is nearing the end. We were told that the winnings were to be equally distributed among our mother's five children. Unfortunately, during the progression of the malpractice suit, one of the five children passed away. That individual is my brother. He has no biological children, but was married. My question is, what would happen to my brother's portion of the malpractice settlement in the instance that we are awarded reparations from that suit? One lawyer said that the money that he would have gotten is then placed into his estate, and since he has no biological children, the next person in line would be his wife, so it would go to her. Another lawyer said that the money would go to the state temporarily, but then the executor has the power to distribute his portion, via check to, whoever that person desires. Can someone help me? What does the law say will happen?
6 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I will go through the decedent's estate. You will have to handle it through probate court.
Answered on Oct 31st, 2013 at 4:02 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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First of all, as far as the damages from the wrongful death suit are concerned, it really depends on what directions your mother has left. Since she has died my opinion is the damages would be distributed to her estate and that it would be necessary to open a probate estate in the county and state where she died. If she had a will, the estate will be divided among her heirs at law (essentially her children if there is not surviving husband). If the will specifies that the estate goes to her children it will again depend on what her will says about what happens if a child has died. If the child died during the lawsuit that child's share probably vests and his share would go to his wife since he has no children. All of this is dependent on the law of the state where your mother was living at the time of her death.
Answered on Oct 02nd, 2013 at 8:24 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The funds from the injury suit, of the mother, to be disposed to your deceased brother, is separate property, would be deposited into a probate estate of the deceased brother and will be disposed according to the terms of his will, if any, or if no will, then as allowed by the intestate statue, which would divide his share one half to the surviving wife and the balance to his remaining siblings.
Answered on Sep 13th, 2013 at 3:37 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need to specify which law would apply. What state was your brother a resident of at the time of his death? That state's laws would apply in connection with your brother's estate. In most wrongful death cases, the parties can agree on who is to receive the proceeds. If the parties cannot agree, the court generally decides. In this case, it would seem likely that your sister-in-law would receive your brother's share. I see no reason why the state would be entitled to anything, even on a temporary basis.
Answered on Sep 13th, 2013 at 2:29 PM
Thomas Edward Gates
It would go into the estate of your brother.
Answered on Sep 13th, 2013 at 2:29 PM
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The first lawyer is correct. It will got to his wife. Whether it will go through probate depends upon the state where your brother lived when he died and how much his share of the settlement is. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Sep 13th, 2013 at 11:55 AM