What to do if my husband died without a Will, no money or insurance?

He died 2 years ago and had a pending personal injury lawsuit. The PI attorney was continuing to defend the case of behalf of my husband’s estate; it may be settled by next week. Would the money that we may receive be considered a probate asset? Would I now have to get a probate attorney in order to cash the check? The attorney considers me the executor of his estate.

Asked on August 7, 2013 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  You should have been appointed as the executor of the estate and substituted in the lawsuit.  Did the personal injury attorney do that for you?  The proceeds are an estate asset and the settlement check would be written to the estate.  But generally the proceeds are not subject to claims by creditors.  I would double check in your state to be sure.  Good luck.

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