Question Details: Wife wants 77.5%, and the three kids to share 22.5% (not her children) and the brothers and sisters to get nothing in the wrongful death suit. If the brothers and sisters state to a Judge, the three children each get 10%, the six brothers and sisters get 2.5% each, leaving the wife with 55%, would a Judge be OK with this. I do not feel that the brothers and sisters should waive their right to be aknowledged in this wrongful death suit.
I am not admitted in Minnesota. I believe that the answer involves a question of probate and not wrongful death.
Did your Husband's brother leave a will that distributes the proceeds of the estate? Generally, in a lawsuit, the proceeds of the suit belong to the person who is injured (your brother in law), his spouse (loss of services claim) and possibly the children if an action is brought with them in it for loss of support. If the siblings were not named - and other than their brother being their guardian or legal support I see legal reason why they would be - they have no right to the money per se.
Now, if the person dies before the lawsuit is resolved that money should go in to his estate. How his estate is divided is either by will or intestacy statute. Generally in intestacy siblings do not share in the proceeds of the estate once a person marries and has children. You can state whatever you want to the Judge but he/she does not have to follow your recommendations. He can divide the proceeds as he sees fit and according to state law. If you really want to see if you are entitled to anything seek legal advice from an attorney in your state. There are many factors here that need to be determined.

Are you a lawyer?
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