Legal Question in Wills and Trusts in Massachusetts
law suit settlement distribution of funds by administratrix
My father died while hospitalized several years ago. My step mother suied the MD and won a settlement. My brother and I signed for her to be the administratrix so she went forward with the law suit. She contacted us to offer us a certain amt. my brother and I told her we felt she should
take half and we would take 25% ea. She was not happy with this because it was more than she offered and she was going to get a lawyer. What is her obligation under these circumstances? What should we expect? What should we do?
1 Answer from Attorneys
Re: law suit settlement distribution of funds by administratrix
It is irrelevant what she offered and what you think is fair. What is relevant is what your father's will says. If he had no will then the money is distributed under statute.
The only issue in the settlement is if she was awarded money for her loss of consortium. That portion of the award would be hers.
You need to see a copy of the settlement and split it in accordance with your father's will. It is a claim of his estate.
I hope this was of some help. Please feel free to contact me if you have more questions.
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