Legal Question in Wills and Trusts in California

Re: Are next of kin entitled to settlement money?

Not necessarily. His estate would still be entitled to the money.

Re: Are next of kin entitled to settlement money?

I disagree. Generally speaking, the money should go into his estate, and depending on other circumstances, the estate should be distributed according to the terms of a Will, Trust, or intestate law. Also, depending on the ages of the children, they may be entitled to social security benefits. Good luck. Sorry for your loss.

Re: Are next of kin entitled to settlement money?

Without reading the Settlement Agreement it is difficult to answer your question, however, sometimes this is true, sometimes it is not.

We can review this for you at no cost to you; we can be reached at 626-578-0708 or online through www.No-Probate.com

Re: Are next of kin entitled to settlement money?

Basically, the attorney is correct. Everything who does not go away. Only the damages applicable to pain-and-suffering. The remaining damages of "out of pocket" medical bills have to be repaid by the negligent party. That usually is a fraction of the total amount and more likely than not is repaid to the provider of the services so that your children will not in any manner keep anything out of the settlement. If the gaffe was the result of the injuries suffered from the accident when you may have a claim for wrongful death applicable to your children. Before I would accept any settlement I would check with another attorney to see if he/she would think that this matter could be tied into the accident anyway. Slim, but just a thought.