Legal Question in Personal Injury in California

Without knowing the nature of the suit and the terms of the settlement, we could not even begin to guess at an answer for your question.

This question should be directed to a probate attorney. Upon the death of the person suing or making a claim for personal injury damages, the right to receive damages for what is "personal" such as pain, suffering, emotional distress and anxiety also dies. The estate of the person has the right to claim the cost of the treatment still owed or paid by the deceased (or his insurance). The heirs or beneficiaries (if the deceased left a will or trust) will receive the property, including the money of the deceased after the debts of the deceased are paid. The process to determine who gets the property and how much is called probate. A representative, if no will, or an executor named in a will, is appointed by the court to handle the probate and distribute the property to the heirs or beneficiaries according to the order of the court. There is a simplified probate process which is by declaration without filing a case in court if the amount of the estate involved is small and there are no disputes among the heirs. Also, if your father had a living trust then the distribution must be as provided in the trust by the trustee named in the trust.

When a lawyer says something as significant as the full amount of the settlement does not have to be paid, ask them to cite the statute and case law supporting their statement. If you see an MD and they tell you you have a certain disease you will ask do they know, do the same for an attorney.

Both answers above are correct, with attorney Carballo guessing at what the facts might be in your case so telling you the general law. But a definite answer requires definite facts.