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Division of assets to successive spouse - wrongful death

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Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? NC

My late wife was killed in an auto accident. She left 4 grown children. They are by a former spouse (now deceased). I was the spouse at the time of her death.

Money is set to be paid by the insurance company. I was a told a successive spouse is to receive the first $30,000 and then 1/6 - and her children are to receive 5/6. If I had been the children's father I would have received $30,000 and then 1/3.

My attorney now says I should only receive $15,000 and 1/6. Is this correct? I don't really trust him at this point.

Dandy Don

Senior Member
How much is the total settement?

Did your wife have a last will and testament that is being probated or no will at all?

Is your attorney a personal injury/malpractice attorney or a probate attorney?

Is the first husband still alive and is he getting part of the settlement money?

DANDY DON IN OKLAHOMA ([email protected])

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