Who is entitled to my late brother’s lawsuit settlement?
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Who is entitled to my late brother’s lawsuit settlement?
My brother was in the middle of a law suite when he passed away. He is only survivedd by my father and his brothers.
Asked on January 28, 2012 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Pleasemake sure that the attorneys representing his interests have someone appointed as the personal reppresentative to be subsituted for your brother in the lawsuit as the plaintiff (person bringing the action). If he died with out a Will - intestate - then your state intestacy laws will apply and govern how the proceeds from the suit are distributed. For example, in New York all of the assets from your brother's estate would go to your Father and not to you or your brothers. Seek legal help. Good luck.
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