Legal Question in Wills and Trusts in Michigan
Dividing settlement between living and deceased children
My grandmother recently passed away due to a mistake by the hospital she was in. Her children are suing the hospital. Since my grandfather is also deceased and my grandmother did not have a will, I understand that all of the settlement money will go to her children.
She had 12 children, but 2 of them died before she did. Does the settlement money go to her remaining 10 living children (the ones actually filing the lawsuit) or do the 2 deceased children get a portion of this money. Also, if the 2 deceased children are entitled to something, do their shares go to their offspring (the grandchildren) or does it go back to my grandmother's living children?
2 Answers from Attorneys
Re: Dividing settlement between living and deceased children
To Whom It May Concern:
This is in response to your email of September 23, 2001, which this office received on November 6, 2001.
With regard to the distribution of your grandmother�s estate, if the litigation is successful and monetary damages are awarded, any individual whether a relative or a friend can stake a claim for the pain and suffering, etc. they endured as a result of your grandmother�s death. The court will make a determination as to what percent of the monetary award they should receive. Obviously, the degree of proximity to your grandmother will play a significant role in the distribution of funds. If the two deceased children have issue, those issue can submit a claim and may receive a monetary award.
As far as the balance of your grandmother�s estate if she did not have a will the rules of intestate succession will apply. In that case, each of the children will receive an equal share of your grandmother�s estate (except for the wrongful death action). The two deceased children cannot receive a share however, if they have children of their own, their children will receive their proportional share of the estate.
Sincerely,
Michael D. Eberth
(313) 561-5700
Re: Dividing settlement between living and deceased children
it would go to the offspring.
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