Distribution Inclusion?

[pburchett]

What is the name of your state? Kentucky
Malpractice happened in Indiana.

My wife’s step mom “Sue” died of a surgical error. My wife never live with the Sue or Bob (Father) , she always lived with her natural mother, but occasionally visited. Bob and Sue had a daughter (wife’s ½ sister), while Sue had 3 children from a previous marriage.

After Sue’s death the family filed a malpractice suit without my wife’s knowledge. There was a large settlement awarded to the family. My wife found out about the suit and settlement only after the distribution phase of the process. She would not have had any knowledge of the suit then was it not for several very large purchases (quarter million at a time) and extravagant vacations.

Should my wife have been included in the distribution?

 

[BelizeBreeze]

No, next question?

 

[tranquility]

I don't think you have your facts straight. A malpractice settlement would go into the estate of the deceased and then would be distributed according to the will or through intestate distribution. Your wife may have rights in this instance if she is a legitimate heir. In other words, the estate sued--not the family.

The family may have rights under a wrongful death suit (through the malpractice). If this is the suit, only the family members who sued would have rights to the money as they are the ones who were damaged. Your wife would not have any rights to this settlement.

 

[Silverplum]

Poor Stepmom Sue.
Go dance on somebody else's grave. How about your mom's grave? That'd be more tasteful.

What is the name of your state? Kentucky
Malpractice happened in Indiana.

My wife’s step mom “Sue” died of a surgical error. My wife never live with the Sue or Bob (Father) , she always lived with her natural mother, but occasionally visited. Bob and Sue had a daughter (wife’s ½ sister), while Sue had 3 children from a previous marriage.

After Sue’s death the family filed a malpractice suit without my wife’s knowledge. There was a large settlement awarded to the family. My wife found out about the suit and settlement only after the distribution phase of the process. She would not have had any knowledge of the suit then was it not for several very large purchases (quarter million at a time) and extravagant vacations.

Should my wife have been included in the distribution?