Legal Question in Wills and Trusts in Michigan
Settlement of wrongful death
We are a family of eleven,my sister passed away ,and a settlement was reached...She had two children,20yrs and 15yrs.....At the time of the settlement the ages are 24yrs and 19yrs.The 24year old is the represtive of the estate,there is no will.I am being told by the atty. that the two children will recieve 90% of the settlement,and all of the others will divide 10% after atty. fees. I was told by the atty that it is common pratice that the children get the most of the settlement in all probate cases.Included in the estate are ,mother,father,two grandmothers and four sisters and brothers. Is this a fair divide? By the way the atty. an the 24yr old are friends........
1 Answer from Attorneys
Re: Settlement of wrongful death
Most likely it is fair. While the wrongful death statute allows distributions to more distant heirs, generally children would get more than parents/siblings. If you do not think it is fair you can try to contest it, when the settlement is submitted to the court for approval.
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