Who are wrongful death beneficiaries

What is the name of your state? West Virginia

WV Code, 55-7-5 to -8a
Laws of descent and distribution

My mother's sister passed away in July 1999 from an apparent heart attack. She had been to the hospital two nights previous with severe chest pains and was sent home after being administered morphine and was told that it was her stomach hernia causing the pain. About a month ago my mother and her 3 surviving siblings get a phone call from their deceased sister's daughter saying that each of them would get a waiver in the mail from an attorney regarding her mother's estate. My mom asked her niece what estate she was speaking of and her niece replied "her and daddy's house." She then told my mother (and the others) that since her mother didn't have a will, her property was to be divided amongst all of her surviving family and asked that each would sign the waiver so that her father could keep house. The next day the letter arrived which said a settlement had been reached in a wrongful death suit and the waiver was to sign over any money they were entitled to to their sister's husband. My mother called the lawyer who explained that a great deal of money was involved and that it was enough to take care of everyone in the family. My mother and her siblings were hurt that they were kept in the dark about it all and then lied to. They declined to sign the waiver. As a result, each of them were told to appear in court on September 22, 2004.


The attorney called a few days later and said that it would be best if everyone would agree to a settlement with my aunt's husband instead of going to court. A few days later, the attorney called to say that under WV law the siblings were not entitled to anything at all because their sister did not have a will and they would therefore have to go before a judge for any potential benefits and it would be in everyone's best interest to have a court hearing. And finally the lawyer called and said that my aunt's husband was willing to offer everyone $1,000. Of course, my mother and her family were insulted by this and aren't going to accept it.

This has been a very stressful time for my mother and her siblings, not only has it rehashed the pain of the death of their sister, but the attorney has been so vague and has told them so many different things. My mother, who has been chosen the spokesperson of the group, has several questions but cannot easily get in contact with the attorney. Firstly, how can her sister's husband decide what amount of money should go to siblings? Would that not be the court's decision? Secondly, how could he decide the amount of money they should get if it hasn't been granted him due to their refusal to sign the waiver? And lastly, if their brother-in-law has the right to decide what amount should be given, how can the siblings know that it is a fair offer when they have not been told the amount of the settlement? Any information would be greatly appreciated and I thank you in advance.

The husband is being generous. The siblings aren't entitled to anything.

Oh?

Is that a fact or merely your opinion?

It was an opinion as I have gone thru this with my fathers estate in WV and I was disgusted by the topic.

After reading the codes pertaining to this subject, it appears that your mother and her siblings can go before a judge and hope that he thinks they are entitled to a cut of the husbands and childrens money.

Looks like it would be a crap shoot, and of course that part is my opinion. Has your mother and her siblings even consulted with their own lawyer?

I'm sorry you were offended. I don't know about your personal situation, of course, but my mother and her sister were closer than close all of their lives and mom was and still is unbearably hurt by her passing and if the law of this state says that she is entitled for compensation for the wrongful death of her sister, then so be it. I do not see it as "taking away" from her sister's family. It's not as if my mother is trying to sue her brother-in-law for his own money. It is coming from the doctor and hospital. Furthermore, my aunt had four children. On the waiver, only her husband, three children and one of her daughters-in-law are named as beneficiaries. How can her daughter-in-law be more entitled than a blood relative?

As far as them getting a lawyer, they've called a few but haven't even gotten one to call them back yet.

I don't know about the daughter in law unless she falls under this category:

(b) In every such action for wrongful death, the jury, or in a case tried without a jury, the court, may award such damages as to it may seem fair and just, and, may direct in what proportions the damages shall be distributed to the surviving spouse and children, including adopted children and stepchildren, brothers, sisters, parents and any persons who were financially dependent upon the decedent at the time of his or her death or would otherwise be equitably entitled to share in such distribution after making provision for those expenditures, if any, specified in subdivision (2), subsection (c) of this section. If there are no such survivors, then the damages shall be distributed in accordance with the decedent's will or, if there is no will, in accordance with the laws of descent and distribution as set forth in chapter forty-two of this code. If the jury renders only a general verdict on damages and does not provide for the distribution thereof, the court shall distribute the damages in accordance with the provisions of this subsection.


But maybe someone should be informing the other child who was left out of the equation.