<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by custodialfather:
My bro died in an accident. The other driver was charged with Intox. Manslaughter.
My bro had no kids, was divorced 20 years ago.He lived in Tx. and so do I.
I'm told by one attorney that I have no survivor rights
as far as a civil suit is concerned. But
another attorney is more than happy to represent me in a wrongful death lawsuit.
Which attorney is on the up and up?
I've been told only my parents are the
legal survivors if there are no kids
and his Ex. remarried.
<HR></BLOCKQUOTE>
My response:
I'm very sorry for your loss. Life is not supposed to be this way, and dying at the hands of someone else's stupidity is not the way things are supposed to happen. I hope you've had time to grieve.
The second attorney could be correct - if you only have ONE parent still alive. The first attorney was discussing your "survivor rights" regarding "intestacy." However, under the following law, and if there's only one parent still living, you take 1/2 of your brother's estate, and your share of the estate sues the "bad guy" for wrongful death.
The first attorney could also be correct if both of your parents are alive, then the entire estate of your brother is split equally between the two surviving parents and, it would be your parents, then, who have the "standing" to sue the "bad guy" for wrongful death.
If neither of your parents are alive, then the estate passes to you and any other siblings in equal shares, all of whom or each of you would then have "standing" to sue the "bad guy" for the wrongful death of your brother. (See the following Texas Statute):
Texas Statutes:
Probate Code Sec. 38. ("Intestate" means: Having died without a Will)
Persons Who Take Upon Intestacy. (a) Intestate Leaving No Husband or Wife. Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband or wife, it shall descend and pass in parcenary to his kindred, male and female, in the following course: 1. To his children and their descendants. 2. If there be no children nor their descendants, then to his father and mother, in equal portions. But if only the father or mother survive the intestate, then his estate shall be divided into two equal portions, one of which shall pass to such survivor, and the other half shall pass to the brothers and sisters of the deceased, and to their descendants; but if there be none such, then the whole estate shall be inherited by the surviving father or mother. 3. If there be neither father nor mother, then the whole of such estate shall pass to the brothers and sisters of the intestate, and to their descendants. 4. If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then the estate shall be divided into two equal parts, one of which shall go to such survivor, and the other shall go to the descendant or descendants of such deceased grandfather or grandmother. If there be no such descendants, then the whole estate shall be inherited by the surviving grandfather or grandmother. If there be no surviving grandfather or grandmother, then the whole of such estate shall go to their descendants, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants. (b) Intestate Leaving Husband or Wife. Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows: 1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants. 2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited June 15, 2000).]
