My mother was killed in an auto-accident

[Billie Bryant]

Hello,
my mother was killed in an auto accident...the driver was found guilty of improper driving. My stepfather, my sisters and I have filed a Wrongful death lawsuit.
This happened in the state of Virginia...
I am worried about my stepfathers motives, my sisters and I no longer speak to him and the lawyer seems to forget that we exist. We are not notified of important court dates! I am starting to wonder if we have any rights at all, as children to (my mother) the deceased. I feel like my stepfather and the lawyer are keeping something from us! Originally we had all decided that any settlement moneys would be divided up equally amoung my sisters, me, and my stepfather. I feel like we are going to be shafted!!! Are we the children intitled to any of the settlement? My mother did not have a will, and she and my stepfather were only married for a year and 9 months! Is it possible for him to get everything? A settlement trial has been set for Dec. 6th!
The accident happened in November of 1997!
I need some help and advice! Should I get an attorney just for us kids?

 

[Attorney_Replogle]

First of all, your message is really unclear. It is unclear to us attorneys whether your stepfather's attorney has agreed (in writing) to represent not only the stepfather, but also you personally as well as your sisters. You mentioned that all of you had "originally" agreed to split up any settlement/trial verdict monies equally among you. It was that statement that is raising the confusion.

You see, an attorney can ethically only represent one person in the same manner. There are exceptions, one of the primary ones being that all the clients (two or more clients) sign a written release for the representation. By law an attorney is going to do the best to get what he can for his client. Now if he has two or more clients, their interests may very well be different. So the attorney often times will actually favor one of his clients over the other one.

Now let's assume that you don't have a signed, written agreement with the attorney to represent you personally in this wrongful death action. We can also assume the same for your sisters. Then your stepfather's attorney is acting quite ethically by not telling you everthing that is happening, or ntoifying you of court dates, etc. Why? he is not your attorney. He has no legal or ethical obligation to do such things for you.

Regarding your (the entire family) agreement to split the settlement/trial monies equally. That agreement might be a legal contract. Yet, it is likely that you will never see any of that money, or an amount that you should have under the agreement, unless you get an attorney yourself and sue the stepfather for breaking the agreement.

Next, this lawsuit is not to be confused with your mother's estate. In other words, this lawsuit was not an asset or a debt of her estate. Thus, it did not matter whether she died without leaving a will.

So are you and or your sisters entitled to any money that your stepfather might get? Maybe, but that would depend on the Complaint your stepfather filed. So the bottom line is that you personally need to immediately consult with and retain your own attorney. He will need to bring a lawsuit on your behalf. That lawsuit may be able to be joined with the current one your stepfather has going now.

You can probably find a personal injury attorney near you by going to attorneypages.com.

------------------
Mark B. Replogle

 

[Billie Bryant]

well Thank you for your reply...
but now the case has changed....
first, my stepfather is the administrator of my mom's estate...
but we are beneficiaries...so even though my stepfather is the administrator...we still signed a contract for the lawsuit.(I still think that we should be notified, atleast by mail!!!
my mom had no estate really...my stepfather let the house go and it was auctioned off,he stopped making payments on it!
and my mother's belongings were sold! so the settlement is the only thing in my mother's estate!

now for the changes in the case...
the man that killed my mom...he has no insurance! just found out...isn't that wonderful...
he had uninsured motorists insurance!
so not expecting any settlement really from that...
I do not see how this man got uninsured motorists on a newer truck that he was making payments on!
It was a company truck...this man owns a construction company! he filed for bankruptcy right after the accident - his truck was reposessed (it also had $8000 worth of damage done to it), he renamed his construction company and put it in one of his buddies names!!!so he has no assets really.

so more then likely we have been shafted, and no one is going to be compensated for anything, right?
and my sisters and I will get nothing anyway?
and this man that killed my mom has gotten off scott free!

wow now that is justice!

 

[lars coltrane]

I have a couple of thoughts. First, I have not heard of an insurance carrier that sells uninsured motorist coverage and yet does not offer liability coverage. Make sure that your lawyer looks into this carefully.

Second, when someone is appointed to administer an estate, there are certain duties that attach to the job. One is to do nothing that damages the assests of the estate. So why did your stepfather stop making payments and allow the house to be lost? He may have breached a fiduciary duty to you and the other heirs.

I suggest that you talk to another lawyer about your mom's accident and the handling of her estate.

 

[lars coltrane]

I have a couple of thoughts. First, I have not heard of an insurance carrier that sells uninsured motorist coverage and yet does not offer liability coverage. Make sure that your lawyer looks into this carefully.

Second, when someone is appointed to administer an estate, there are certain duties that attach to the job. One is to do nothing that damages the assests of the estate. So why did your stepfather stop making payments and allow the house to be lost? He may have breached a fiduciary duty to you and the other heirs.

I suggest that you talk to another lawyer about your mom's accident and the handling of her estate.

 

[Billie Bryant]

Thank you for your reply Lars Coltrane...
my sister has contacted a lawyer and my sisters and I are going to talk with him about our situation.
About the uninsured motorists insurance...I do not know where this guy that hit my mom, got it from.
I thought that you could not get uninsured motorists on a vehicle that you are still making payments on?
I am so confused over this whole thing!

My stepfather let the house go because I am assuming he had no way of affording the payments anymore. I have not talked to my stepfather in two years! He is not a very easy person to get along with.

We are not a rich family...so you can kind of imagine why we would need a settlement so much! There are still bills to be paid and we will never have the comfort of my Mom with us ever again. I think my family deserves some kind of compensation for our loss. I know my Mom would have done the same if I got killed by somebody.

I thought that is why people got insurance in case of accidents. I am pleased to say that I have very good insurance, so if I killed someone's mother by accident...My insurance could help the family out!!!