Legal Question in Wills and Trusts in California

Re: moms disability death claim.

If your mom died due to negligence, there is a wrongful death claim. The wrongful death claim belongs to the spouse and children of the deceased no matter the age of the children. If this is a worker's compensation case, the death benefit under worker's compensation may be different, and I don't know about that. Upon death, in California, a persons claim for pain and suffering dies with the person. But, the claim of loss of earnings, medical bills, etc. survives. That recovery belongs to the estate. If your mom had a will and left everything in her estate to her husband, then you are disinherited. If she died without a will, she died intestate, and the law provides that her two children get 2/3 of her estate and her husband 1/3.

In any case, it seems you will have to hire legal counsel to protect your rights.

Re: moms disability death claim.

Unless the WC laws [found in the Labor Code] have changed, the death benefit only goes to the spouse and people who are dependent on the deceased. Your age does not matter, but you are given only a percentage and not the full amount if you show only partial dependency as opposed to full or implied full dependency.

I am not sure if her death ends benefits. I also do not see how carpel tunnel syndrome could likely cause anyone's death; on what basis is her attorney claiming that? Demand that he give you copies of the Labor Code and any WCAB rulings that hold the way he says is the law. His only real client is dead so he does not really represent anyone. The death benefit is a very large sum so you should go to an attorney who is familiar with WC and death cases t see if you have a civil suit also. You can collect from both sources, but the WC carrier does have a right of reimbursement but will normally take only a percentage of what it has paid out.

Sorry about your mother's death and the additional pain you have to be put through with the additional litigation.