If my late father has a pending personal injury lawsuit, does his widow have 100% claim if a monetary judgment is given?

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If my late father has a pending personal injury lawsuit, does his widow have 100% claim if a monetary judgment is given?

He married his wife a year ago. My dad unfortunately passed away 3 months ago.

Asked on December 7, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The claim belongs to his estate, and may be pursued, settled, etc. by the executor (if there is a will) or administrator (if there is no will). If there is a will, any proceeds from the claim will be distributed as per the will. If there is no will, in your state, the widow would get approximately 1/2 any award or settlement under the laws of intestate succession.


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