Sign over money of a settlement?

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Sign over money of a settlement?

My uncle was fighting a case of an work injury, and
he passes away was there a way that he could of
sigh a document of who gets the money? Or the
cases just get dismissed m?

Asked on August 8, 2018 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It may be possible for his "estate's" (that's what you call the property and legal rights or claims he leaves beyind) executor (if there is a will) or personal representative (if there is no will) make a motion to amend the complaint so as to have the estate named as a plaintiff ("person" suing), too, in which event the case will continue with the executor/personal representative now suing on behalf of the estate. Only the executor or personal representative can decide whether or not to do this, and if they want to, they must hire a lawer to represent the estate (estates must have laywers, but estate money--e.g. any funds your uncle lease behind--can be used to pay them). You can discuss this with the executor or personal representative when the time comes, unless you are that person and make the decision for the estate.
If the case does continue and money is won, it will be distributed along with the rest of the money/assets from the estate.


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