appointed administor over my mothers will

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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 11 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


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