Legal Question in Wills and Trusts in California

Wrongful death- division of settlement?

The hospital where my grandmother died is settling out of court with my family for a large amount of money. In her will she left everything, equally, to 5 of us. On the wrongful death/medical malpractice lawsuit, only 3 of us were listed. Will the settlement money be split between those 3 people or the 5 that are in her will? Does the settlement money count as her property?


Asked on 4/29/08, 10:55 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Wrongful death- division of settlement?

No. The settlement belongs to the children who sued. Those that did not sue waived their right if they were given the chance.

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Answered on 4/30/08, 2:40 am


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