appointed administor over my mothers will
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
appointed administor over my mothers will
My mother passed away. a lawsuit was filed for wrongful death. she left a will and states that all her real and personal property to go to me. My sister was never mentioned. She did nothing to help and my mom wanted me to handle everything. I was appointed administor, and now that the funds can be released this attorney who i never met says that because it is a wrongful death, my sister is entitled to half even though I took care of mom day and night and have incurred all the bills. Is it true because it is a wrongful death then she is entitled to half?
Asked on June 23, 2009 under Estate Planning, Kentucky
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I'm not a Kentucky lawyer, but some quick research suggests to me, fairly strongly, that in your state a wrongful death action is brought on behalf of the deceased person's estate, not on behalf of the person's descendents. If I'm right, your sister's attorney is wrong.
As the administrator or executor (under the will) of your mother's estate, you have a fiduciary duty, which is very serious. I think it's very important for you to have the lawyer for the estate (the one who handled the wrongful death action, if possible), to advise you as the adminstrator about how to distribute the money -- which should be released, first, to the estate's bank account, and then paid out from there. If you need another lawyer, he or she will need all of the facts, for advice you can rely on, and one place to find a qualified attorney is our website, http://attorneypages.com
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.