Legal Question in Wills and Trusts in Ohio
wrongful death settlement
My husband died 2 years ago in a work related accident. The wrongful case has just been settled, and the money has been put in an estate. My husband left behind a 6 yr old son. My question is how much of a claim does my husbands mother and 2 half brothers have against his estate. His there a percentage guild line that the court goes by.
1 Answer from Attorneys
Re: wrongful death settlement
I am assuming that an attorney handled the wrongful death claim and that there was both a worker's compensation claim and a claim against a third party.
The answer to your question is that there are no "guide lines" that apply to your situation. the value of a claim is based upon the loss suffered. In a wrongful death claim, there may be a number of family members who are entitled to be compensated for their loss. Each should be evaluated separately.
If you have an attorney representing you on this, you should ask these questions of the attorney. If you do not, you need to talk directly to an experienced attorney as soon as possible. If the attorney who is handling the claim is not your attorney, then perhaps you should talk directly to an attorney regarding your rights.
I will be happy to discuss this with you if you give me a call. I have been handling these types of questions for over 30 years and would be interested in getting more informatin from you. No charge or obligation for the confidential call.
Good Luck
DH Davies