Who is entitled to my late brother’s lawsuit settlement?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is entitled to my late brother’s lawsuit settlement?

My brother was in the middle of a law suite when he passed away. He is only survivedd by my father and his brothers.

Asked on January 28, 2012 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.   Pleasemake sure that the attorneys representing his interests have someone appointed as the personal reppresentative to be subsituted for your brother in the lawsuit as the plaintiff (person bringing the action).  If he died with out a Will - intestate - then your state intestacy laws will apply and govern how the proceeds from the suit are distributed.  For example, in New York all of the assets from your brother's estate would go to your Father and not to you or your brothers.  Seek legal help.  Good luck.


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