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mom had a medical malpractice suit died no will now step dad has died who gets settle

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kat177

Junior Member
What is the name of your state (only U.S. law)? INDIANA MY MOM HAD A MEDICAL MALPRACTICE SUIT FILED ,MY STEP DAD FILED IT, HE HAS SINCE PASSED AWAY SETTLEMENT WAS MADE,MY MOM HAD NO WILL,MY QUESTION IS WHY DOES HIS ESTATE GET HALF OF THIS SETTLEMENT ?I READ ON INTESTATE AND IT SAID HE WOULD OF BEEN ENTITLED TO 25 PERCENT BUT SINCE HE IS NO LONGER WITH US WHY DOES IT GO INTO HIS ESTSTE FOR HIS KIDS,HIM AND MY MOM NEVER HAD KIDS TOGETHER.WHY ALL THE CONFLICTS WITH THIS LAW ?
 


justalayman

Senior Member
first, please do not type in all caps. It is difficult to read and in internet etiquette is considered as shouting.

,MY STEP DAD FILED IT,
if your step dad filed a suit, it was not your mothers suit. There could have been a suit with your step dad as the only plaintiff or it could have been filed with mom and step dad as co-plaintiffs. Please clarify.

You do not provide a timeline, or at least with any clarity. Who died first?

And; did stop dad have a will?
 

Dandy Don

Senior Member
How much was the settlement for?

Step-father had rights to a certain portion of this money because he was a surviving spouse and let's be honest--he did support her financially for a part of her life, so it's only fair that his estate get a portion of monies that would have gone to him if he were alive.
 

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