Is my husband obligated to give me half of a lawsuit he's involved in for wrongful death of his brother since I'm his wife

Asked 8 months ago - Albany, NY

My husbands brother passed away wrongful death lawsuit is pending since Im married to the brother getting money is my husband obligated under marital status to get any of that money

Attorney answers (14)

  1. Eric Edward Rothstein

    Contributor Level 20

    16

    Lawyers agree

    Answered . No. It is not marital property.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal... more
  2. Louis Lawrence Sternberg

    Pro

    Contributor Level 18

    16

    Lawyers agree

    Answered . No.

    The above answer is intended for informational purposes and is not legal advice. It does not constitute the... more
  3. Adam L Rothenberg

    Pro

    Contributor Level 13

    16

    Lawyers agree

    Answered . No, the proceeds of the personal injury lawsuit on behalf of your brother in law are not marital assets and do not reflect your personal loss. If there is an economic loss that you shared with your husband, then you might have a claim.

  4. Jeffrey Ira Schwimmer

    Contributor Level 19

    14

    Lawyers agree

    Answered . Moines obtained from a deceased relative, including through a wrongful death suit , will not be considered marital property but belongs solely to the related spouse, in this case your husband. It only becomes a marital asset if your husband voluntarily shares it with you,; he is not obligated to do that.

  5. C. Donald Briggs III

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . No, the proceeds are not marital property.

  6. Daniel David Horowitz III

    Contributor Level 14

    14

    Lawyers agree

    Answered . No. You might need a divorce attorney it sounds like.

  7. Brent Schafer

    Pro

    Contributor Level 14

    13

    Lawyers agree

    Answered . No.

  8. James Otto Heiting

    Pro

    Contributor Level 15

    13

    Lawyers agree

    Answered . The proceeds would be for his personal and separate loss independent of your marriage and are his separate property

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . No

  10. David Ian Schoen

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . I believe you asked a different version of this question before. You have obviously elected not to live with your husband so why are you scheming to find ways to take his money?

  11. Philip Anthony Fabiano

    Contributor Level 20

    11

    Lawyers agree

    Answered . no. You might acquire an interest if the proceeds are deposited in some type of joint account with you. You would need to discuss this with your divorce lawyer since it appears that is where you are or are heading.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  12. Richard Marc Katz

    Pro

    Contributor Level 17

    11

    Lawyers agree

    Answered . It depends upon the community property laws in your state. Consult a local attorney.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  13. Dennis M. Abrams

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . No, it is his money, and not generally marital property.

    I am a medical malpractice, catastrophic accident and wrongful death attorney based in Philadelphia, Pennsylvania.... more
  14. Andrew T. Velonis

    Contributor Level 12

    3

    Lawyers agree

    Answered . Assuming that the lawsuit is successful, the first issue is whether your late brother-in-law had dependents. If so, they will recover for loss of support. Any verdict or settlement for pain and suffering becomes property of the estate. If your husband is a beneficiary of the estate, then his inheritance is his seperate property, and you have no share in it.

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