How is a personal injury settlement divided if the injured party is deceased?

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How is a personal injury settlement divided if the injured party is deceased?

Our mother died 11 years ago and her husband died 7 years ago. About 3 years ago, we brought a personal injury lawsuit against a rug company for our mother’s death, so we (her children – my sister, half-sister and I) had to open an estate for her. Is the award money split between the 3 of us since there is no surviving spouse?

Asked on March 2, 2014 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

How was the case brought? If it was brought by your mother's estate, it would be distributed the way the estate's other assets were (e.g. by will, if there was one; or by the rules of intestate succession, if not). If brought by the three of you in your individual capacities, then it would be divided equally by the three of you, unless you had agreed to divide it otherwise.


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