Legal Question in Wills and Trusts in California
Wrongful Death Settlement - long lost heir
My father passed away 3 years ago from cancer due to asbestos exposure. Prior to his death he stated the lawsuit. After he died three of us siblings became aware of a half sister we never knew existed. She is listed as an heir. However, my father left a bitter divorce when she was very young. She may have been about a year old. In his will he states he does not want her to get anything (don't get me wrong, I feel bad that my father acted this way with her) but now that the we have reached the settlement phase of our suit she is demanding $50,000 out of $495,000. Does she have any claim against this money. She never knew my father, never received financial benefits from him (his parents paid the child support until she was 18) and never tried to contact him. She is now jabbing at my mother for ''being disturbed that she was kept a secret''. My mother went along with my father's wishes to not tell us kids. My mother actually tried to get him to include her in the family. What are the chances of our half sister getting any amount of money from this settlement??
2 Answers from Attorneys
Re: Wrongful Death Settlement - long lost heir
There's so much you've left out, such as whether the will was ever probated, in what court, in what state, whether she ever filed a will contest or whether she has legal representation. My best guess is it is too late for her to bring a court action, but again, it depends.
Re: Wrongful Death Settlement - long lost heir
I assume you have a lawyer? He should answer your question.
A wrongful death case is a case that belongs to the spouse and the children of the decedent. Your father's will cannot deprive a child of the claim. The question is one of relative value. If the case went to trial a jury would have assessed the "value" of the loss to each of the children. Suffice it to say, they would not assess much to a child who did not know your father. But, she has now been deprived of the opportunity to get to know him. It is therefore a matter for negotiation, if you are talking about dividing a wrongful death settlement.
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