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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.