Legal Question in Wills and Trusts in Pennsylvania

It depends on who the subject of the malpractice was. Was it your deceased husband who was injured, so that the lawsuit was on behalf of his estate? Were the adult children also injured (not necessarily physically), so that they had a claim?

If you do have to share it, what is there to fight?

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

You do not provide enough details. Who was the malpractice directed against - you or your deceased husband? Did the husband die as a result of the malpractice if it was against your husband? If it was against you, then why would you have to share any of the award at all? These funds are not paid into the estate of your deceased husband. Did the award include a claim for loss of consortium? To the extent that it did, then perhaps that portion of the award for loss of consortium would be money owed to your huswband. If he died during the pendency of the action, then any award for loss of consortium might have to be paid into his estate and be distributed as per his will, if any, or to his heirs. Depending on if there was a will, any assets may all pass to you. Without reviewing the situation and the documents. I cannot say.

I don't know what you want to fight about. Either the children are entitled to a share or they are not. There is no need to fight or litigate. If they are entitled to a share, then it has to be paid to them. Since no attorney can answer your questions without more specific review of the case, my advice would be for you to see a probate lawyer regarding the probate of your late husband's estate. That attoreny will advise if the award or any portion thereof belongs in the probate estate of your late husband.

You might also want to ask the personal injury attorney who assisted with the malpractice claim as he or she may be able to tell you.