Am I entitled to my share of a finalized settlement or lawsuit?

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Am I entitled to my share of a finalized settlement or lawsuit?

My father passed away and was entitled to a mesothelioma lawsuit settlement. My mother has Will that left me nothing but all of my other siblings got something. I don’t know if I was named in lawsuit. If I wasn’t named in lawsuit, am I entitled to any money?

Asked on August 16, 2017 under Estate Planning, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were not a party to the lawsuit and/or a beneficiary of your father's Will, then you are not entitled to any of the settlement from the personal injury claim. The fact is that adult children can be disinherited. Typically, a state requires certain language of disinheritance but not always. If the Will has been entered into probate, you can get a copy and check it. For any further, questions you should consult directly with a local probate attorney.


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