Legal Question in Wills and Trusts in Illinois
Personal Injury/wrongful death case
My Father passed 5 months ago,he passed from mesothelioma,due to asbestos exposure.Dad's second wife told brother and I,his only biological children, unfortunately the will never was sighned.Dad's wife asked brother and I to sign a contract so that the asbestos lawsuits could continue without delay!Contract stated We the next of kin of dad,do hereby agree that the proceeds of any settlements in the claim arisind out of the death of dad,shall be distributed as follows:spouse60%,son20%,son%,we sighned because we trusted her but we haven't heard or received anything.Dad had Workers compensation claim,personal injury claim,survival action claim.My question is the contract said all claims,did that mean all claims including annuities,life insurance?What are my dad's to son's right to know or receive?Even if dad's wife gets all,at least we have closure!Thank you
3 Answers from Attorneys
Re: Personal Injury/wrongful death case
It may be late to say this now, but it's generally not a good idea to sign contracts before you know what your rights are. I don't see how that contract would make the lawsuits "go on without delay". Contract or not, if this is a wrongful death action the proceeds belong to his estate. With no will, his estate would pass according to state law - 1/2 to wife and 1/2 to children. It looks like you gave up something without getting anything of value in return. You may be able to void the contract and you may have other rights in the estate. If the amounts here are significant, then I suggest you get your own attorney to protect your rights. If I can be of assistance, feel free to give me a call at (847) 991-2250.
Re: Personal Injury/wrongful death case
It's hard to say without seeing the exact language, but I would not expect that language to cover other than the lawsuit settlements.
Cases do go on for a long time. Since you retained an interest in the action, you should be notified, but if you're unclear I suggest you call the attorney handling the case and ask for a status update.
Re: Personal Injury/wrongful death case
Based on information provided, it appears the mentioned contract relates only to settlement of the asbestos-related claims. Annuities, insurance, etc. would be distributed to indicated primary beneficiaries. Re the personal injury claim, you may request from the attorney a periodic status report since he will want to resolve distribution upon settlement which can take several years.
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