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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

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. 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.


  2. 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.


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


  4. 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 advice.


  5. No, the proceeds are not marital property.


  6. No.

    The above answer is intended for informational purposes and is not legal advice. It does not constitute the creation of an attorney-client relationship.


  7. 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?


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


  9. 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 provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


  10. 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 only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


  11. 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. I am licensed in Pennsylvania, New Jersey, California and West Virginia. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.


  12. 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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