How do you split settlement?

[grits]

I filed a wrongful death lawsuit on behalf of my four children when my ex-husband was killed. Later, his mother also "joined" us in the lawsuit. The insurance company has made an offer. My ex-mother in law wants to take the initial offer (she could use the money). I don't want to be so quick to settle - I'm telling myself that it's not just about the money. I don't need it to take care of the kids. Whatever they get will be put in a trust for later years.
My question is - How much is the grandmother entitled to? I feel that the children should get the majority of the settlement - Plus I resent being made to feel like I need to take the money and get everything over with. I also want to try to keep peace with everyone.
Any ideas from anyone???

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by grits:
I filed a wrongful death lawsuit on behalf of my four children when my ex-husband was killed. Later, his mother also "joined" us in the lawsuit. The insurance company has made an offer. My ex-mother in law wants to take the initial offer (she could use the money). I don't want to be so quick to settle - I'm telling myself that it's not just about the money. I don't need it to take care of the kids. Whatever they get will be put in a trust for later years.
My question is - How much is the grandmother entitled to? I feel that the children should get the majority of the settlement - Plus I resent being made to feel like I need to take the money and get everything over with. I also want to try to keep peace with everyone.
Any ideas from anyone???<HR></BLOCKQUOTE>


My response:

Have your attorney schedule a meeting between all interested parties. Since your children, through you, are "calling the shots" whether to settle, follow your instincts.

IAAL


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[grits]

We've already been working with our attorney. I feel like he's just telling us both what we want to hear. (He gets 40% of the settlement - 7 figures) One minute he says he thinks there's more money on the table, then he says there are no guarantees - which I fully understand. I just want to do the right thing for the kids and I know I should follow my instincts...but bottom line is how much is she (grandmother)entitled to legally or do we all have to agree on the final figures? My ex did not contribute financially to her well being, even though she stated he did in the deposition. I do feel that she is entitled to something - after all her son was killed tragically.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by grits:
We've already been working with our attorney. I feel like he's just telling us both what we want to hear. (He gets 40% of the settlement - 7 figures) One minute he says he thinks there's more money on the table, then he says there are no guarantees - which I fully understand. I just want to do the right thing for the kids and I know I should follow my instincts...but bottom line is how much is she (grandmother)entitled to legally or do we all have to agree on the final figures? My ex did not contribute financially to her well being, even though she stated he did in the deposition. I do feel that she is entitled to something - after all her son was killed tragically.<HR></BLOCKQUOTE>

My response:

It sounds to me that if she's already lied in her deposition, that she's after at least 50%. Here's what I suggest. Since you are in no rush to settle, you settle the case when you are comfortable. Then, offer her 25% of the amount, and she has 30 days to decide, then your offer is "off the table." If she says no, that's fine; again, you are in no rush, and then the offer is "off." Tell her you'll just interplead the whole amount to the court, and take another 2 years for the court to decide who gets how much. Perhaps, since you say she's anxious, she think twice about accepting whatever offer you finally decide to make to her.

I presume you want to play "hardball" with her?

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 16, 2000).]