What happens if a wrongful death suit is won and 2 divorced parent can’t agree on splitting recovery for a lost child?

Asked on June 12, 2014 under Malpractice Law, Texas


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

Answered 6 years ago | Contributor

I am so so sorry for your loss.  I am assuming that you brought the action on behalf of your child, correct?  Then the estate of your child would benefit from the award (with out knowing exactly how the award reads).  If your child dies with out a Will then the intestacy statute would apply in Texas. ANd if the child was not married and had no children or married but had no children then you as parents would receive a portion of the award and I would guess it would be split equally barring estate expenses such as funeral, etc. Good luck.

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