Legal Question in Wills and Trusts in Wisconsin
wrongful death lawsuit by parent of deceased
At the time of deceased death his girlfriend was pregnant with his child, He had no wife or other children, The deceased mother got a special administration from the court and sued for wrongful death for the Mother, Father and for the estate, The insurance paid the claim directly to the parents of the deceased and nothing to the estate, The deceased daughter has not got anything from this action, Should the wrongful death settlement money go to the estate?
2 Answers from Attorneys
Re: wrongful death lawsuit by parent of deceased
I assume the decedent's daughter is still a minor. In that case, someone on her behalf should consult an attorney to begin a wrongful death action on her behalf. The court will need to appoint a guardian ad litem, which is an attorney who will represent the daughter. In addition, there should be a substantial amount of the decedent's social security that whoever raised the daughter ought to be able to apply for and use on her behalf.
Re: wrongful death lawsuit by parent of deceased
Hello, this is not an easy one to answer via the internet. Here are some thoughts, but if you want a legal opinion to rely upon, you will have to retain me or another lawyer to gather all the facts and give you a firm opinion.
If I have the facts correct, the deceased died and the estate received a settlement. If the deceased had no Will, it seems that the money should go to the closest heir, which would be his parents. If the child had been born at his death it would go to him. That is the way it appears to me, but again, do not take this as a final legal opinion, because I might be missing something. Mark J.Mahoney 920-984-4529
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