Wrongful death of my stepfather. How should the settlement be divided between my wife and her stepmother? (Virginia)

[Cowboydane]

My wife is receiving a settlement for a wrongful death suit from malpractice by the VA over her fathers death. The money is to be divided between my wife and her step mother. The lawyer is saying my wife should only receive 15% and the step mother 85%. This just doesn’t seem very fair. I’ve read that in the state of Virginia, if the parties can not agree on how the settlement should be divided up then it will be left to the courts to decide. Should we let the court make the decision or is 15% the most my wife can expect? Thank you

 

[quincy]

My wife is receiving a settlement for a wrongful death suit from malpractice by the VA over her fathers death. The money is to be divided between my wife and her step mother. The lawyer is saying my wife should only receive 15% and the step mother 85%. This just doesn’t seem very fair. I’ve read that in the state of Virginia, if the parties can not agree on how the settlement should be divided up then it will be left to the courts to decide. Should we let the court make the decision or is 15% the most my wife can expect? Thank you

The 15% doesn’t sound unreasonable to me, considering stepmom lost her husband. But this is really a personal decision to be made between your wife and her stepmom - or a court if they can’t agree.

 

[Cowboydane]

The 15% doesn’t sound unreasonable to me, considering stepmom lost her husband. But this is really a personal decision to be made between your wife and her stepmom - or a court if they can’t agree.

Well most states have an automatic 50/50 split. I thought 30/70 would be closer than 15/85. The step mom has only been in the picture for about me years prior to his death. She doesn’t want my wife to have anything.

 

[quincy]

Well most states have an automatic 50/50 split. I thought 30/70 would be closer than 15/85. The step mom has only been in the picture for about me years prior to his death. She doesn’t want my wife to have anything.

How many years prior to dad’s death?

 

[Cowboydane]

How many years prior to dad’s death?

Typo. Sorry. Two years.

 

[quincy]

Typo. Sorry. Two years.

Thank you for the clarification.

Here is a link on distribution:
https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-53/

Did stepmom rely on dad as her sole support?

 

[Cowboydane]

Thank you for the clarification.

Here is a link on distribution:
https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-53/

Did stepmom rely on dad as her sole support?

She was working at the time. She’s only 10 years older than my wife. Also, my wife forfeited her share of her survival benefits to the step mother out of kindness.

 

[quincy]

She was working at the time. She’s only 10 years older than my wife. Also, my wife forfeited her share of her survival benefits to the step mother out of kindness.

This is really a decision best made by your wife. She might want to balance her own financial needs against her stepmom’s financial needs.

I am sorry for your wife’s loss of her dad.

 

[Cowboydane]

This is really a decision best made by your wife. She might want to balance her own financial needs against her stepmom’s financial needs.

I am sorry for your wife’s loss of her dad.

That’s what she is trying to do. Me and my wife have three children and the stepmother has none. When she politely mentioned her children, the step mother got very angry and said they have “nothing to do with this.” It’s just really tough when the other party refuses to negotiate at all.

 

[bcr229]

My wife is receiving a settlement for a wrongful death suit from malpractice by the VA over her fathers death. The money is to be divided between my wife and her step mother. The lawyer is saying my wife should only receive 15% and the step mother 85%.

Whose lawyer is saying this?

 

[quincy]

That’s what she is trying to do. Me and my wife have three children and the stepmother has none. When she politely mentioned her children, the step mother got very angry and said they have “nothing to do with this.” It’s just really tough when the other party refuses to negotiate at all.

I am sorry that your wife is having a difficult time with the stepmom. If she and the stepmom cannot come to an acceptable division of the settlement amount (after attorney fees, medical expenses and funeral costs have been deducted), it may have to be left to a court to determine the amounts each receives.

 

[Cowboydane]

Whose lawyer is saying this?

It’s the lawyer that is representing my wife and her step mother. The thing is, the step mom is the one that hired him and my wife feels pressured into accepting whatever he says. I know the step mom would have never let my wife know anything about this unless she HAD to have my wife involved.

 

[adjusterjack]

The thing is, the step mom is the one that hired him and my wife feels pressured into accepting whatever he says.

Then the attorney is representing the stepmom, not your wife. That's why he is saying your wife gets 15%. Your stepmom really doesn't have to give your wife anything out of her settlement. Your wife should have her own attorney and should have filed her own claim. Might not be too late.

 

[Taxing Matters]

My wife is receiving a settlement for a wrongful death suit from malpractice by the VA over her fathers death. The money is to be divided between my wife and her step mother. The lawyer is saying my wife should only receive 15% and the step mother 85%. This just doesn’t seem very fair. I’ve read that in the state of Virginia, if the parties can not agree on how the settlement should be divided up then it will be left to the courts to decide. Should we let the court make the decision or is 15% the most my wife can expect? Thank you

Who were the actual plaintiffs in the lawsuit — was it her father's estate, or were the plaintiffs actually your wife and her step mother? And if the plaintiff was the estate, then did her father have a will?

 

[quincy]

Wrongful death claims are (generally) filed by the personal representative of the estate of the deceased for the benefit of the heirs.