Legal Question in Wills and Trusts in Texas

We live in Tx. My daughter died as a passenger on a borrowed motorcycle. The owner of the bike had liability and the bike driver had liability.

My exhusband had underinsured and uninsured coverage and my daughter was living with him at the time. My daughter was not in school but was 20 years of age.

My question is this, as a legal beneficiary of my daughter, and since this was a wrongful death, am I entitled any of this claim as the money involved should be going to her estate? I was not on the policy and I do not live in the household.


Asked on 5/02/10, 5:29 pm

1 Answer from Attorneys

Please let me begin this message by stating that I'm very sorry to hear about your daughter. To answer your question, there are two different claims that occur when someone dies. The first is "survival" claims, which are the claims that the deceased person owned prior to death. This would be your daughter's estate. Assuming you did not give up parental rights, and assuming she is unmarried and has no children, then you would stand to inherit one-half of her estate. The other claim is for "wrongful death." This is a person claim held by the people listed in the statute (parents, children, spouse). That is a personal cause of action that you own.

As you might have noticed, these are complex claims, and if there's limited insurance, the insurance company may choose to pay the first claimant. If you can work out a family settlement with your ex, you may wish to do so sooner, rather than later. It would be smarter to present a united front to the insurance companies, in case there is a fight down the road.

Dave

http://leonlaw.com/askalawyer

Read more
Answered on 5/07/10, 5:52 pm


Related Questions & Answers

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