Legal Question in Wills and Trusts in Texas

division of lawsuit settlement money

A lawsuit was recently settled where there were three plaintiffs. The lawsuit involved the death of a mother. The plaintiffs were the current spouse, a child of the mother from a previous marriage and the daughter of the mother and the current spouse. The suit has been settled, the lawyer's fee has been taken, and the checks have been cut. The dispute is over how to divide the remaining money. The distribution has never been discussed. What amount of the settlement is each party legally entitled to? Does the spouse get half? Is it split into thirds? In the event that this is not agreed upon by all parties, what is the legal recourse?

Thank you for your time,

Chris


Asked on 1/26/04, 9:19 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: division of lawsuit settlement money

It would be one thing if the decedent's estate was the plaintiff. Then half would go to the spouse and half would go to the child from the previous marriage; assuming the estate was intestate (no will). But if the three parties were suing for wrongful death, then there's no 'legal' division of the settlement.

That's just something all the parties will have to agree on, and one of the reasons why it's an ethical trap for an attorney to handle multiple parties that have conflicting interests.

Read more
Answered on 1/27/04, 10:50 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas