I need help, /adv/.
My father passed away recently. He was at the tail-end of a car accident lawsuit that had disabled him for years.
My mother (they were legally married) contacted the law firm representing him and they seemed to indicate that she might not be entitled to much more than a small fraction of the settlement that would be coming his way.
This sounds like a load of BS to me. As the widow / legal spouse, doesn't she become the representative/heir of his estate? Are there other steps she needs to take?
Please help. And if you have sources and links that could help me, I'd really appreciate that.
>>17720525
>As the widow / legal spouse, doesn't she become the representative/heir of his estate?
Sure, but if his will indicated that the money goes to someone else, then there's not much she can do about it. Plus, if the case hasn't settled yet, that money isn't even part of his estate, so there's no reason she should get any of it.
>>17720534
it'd be a different case at that point i think.
consult a DIFFERENT lawyer and find out
maybe its due to an inheritance/estate tax?
>>17720539
>it'd be a different case at that point i think.
What do you mean? If OP's father had a judgment in his favour, then yes, the money is part of his estate. If the case was still at trial, then no, it wouldn't be.
http://info.legalzoom.com/can-deceased-persons-lawsuit-automatically-terminated-21638.html
"In a civil lawsuit, if the plaintiff dies, the beneficiaries and heirs to the plaintiff's estate inherit the lawsuit. The person named in the deceased person's will as his executor, or the person named by the court as administrator of the estate if there is no will, can continue the lawsuit on behalf of the deceased person. If the case settles, the executor or administrator distributes the proceeds to the beneficiaries and heirs. To continue the lawsuit, most jurisdictions require that, within 90 days of death, a notice of death and a copy of the death certificate be filed with the court requesting that a successor to the lawsuit be appointed. A failure to do so could result in an automatic dismissal of the lawsuit. The executor or administrator appointed to handle the decedent's estate should consult with the beneficiaries and heirs of the estate before settling the lawsuit to ensure that there is no dispute regarding the resolution of the case."