Legal Question in Personal Injury in North Carolina

Successor in interest responsibilities

I am the designated Successor in Interest in my father's wrongful death case. Two of my four siblings have been estranged from the family for 25 years and, in fact were emotionally abusive to my parents while my father was alive.

1. Regarding: Distribution of settlement funds that may be awarded, are such funds always distributed equally?

2. As successor in interest, am I legally responsible to communicate with my estranged siblings regarding specific decisions about settlement(s) in the case?

Thank you


Asked on 2/04/08, 9:53 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Successor in interest responsibilities

A wrongful death claim is settled by the Administrator or Executor of the Estate of your father. Unless you are this person, then you cannot settle the claim. The Executor or Administrator is not required to consult with the siblings. The funds generally would be distributed equally. A wrongful death claim can be quite complex, and you probably need further legal guidance here.

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Answered on 2/04/08, 10:20 pm


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