Wrongful Death Settlement Payments

[mike&maddysmom]

What is the name of your state (only U.S. law)? Virginia

I am in the process of working with my siblings and an attorney regarding a lawsuit that was filed prior to our father's death last year. I was not involved in the proceedings prior to his death but am the oldest child and listed as a beneficiary. As a possible settlement approaches, I am concerned about protecting the portion of the settlement that is paid to me. Specifically, I don't want my husband to know or have access because he would force me to put it into our account for which his mother is beneficiary and NOT me. I'd rather give it to our children or put it in a trust for our grandchildrend than have him give it to his family.

My question is...upon settlement, can I direct the executor as to how I want to receive payment and even go as far as having it paid to my son, daughter and/or grandchildren? I realize that the settlement would need to be worded properly to avoid them having to pay taxes but I'd really like to keep it away from my husband otherwise, I'll never see it/have control over it.

[ecmst12]

You need a personal attorney to advise you on this matter. Possibly a divorce attorney, since it seems that you have some serious issues going on in your marriage. VA is not a community property state, so in theory your money is your money, but I don't know all the legal nuances. Is there some reason you can't just open your own bank account and put the settlement in there? If you are worried that your husband will steal from you, then your problems go far beyond spousal property law.