if i am suing a company and my brother is on the lawsuit as well and he passes away who gets the settlement?

Get Legal Help Today

 Secured with SHA-256 Encryption

if i am suing a company and my brother is on the lawsuit as well and he passes away who gets the settlement?

suing a healthcare agency my brother was attending. My other brother called for me so he was on the lawsuit and now he has passed away, what happens if there is a settlement?

Asked on June 27, 2019 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you both sued, typically you each get half the settlement, so to begin with, you get your half. Your brother's half goes to whomever inherits from him: if he had a will, whomever is named in the will; if no will, generally divided between wife and children, assuming he had a wife and/or children; if no wife or children, to your parents, if they are still alive; if there are also no living parents, his siblings (e.g. you) would inherit when there is no will.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption