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My question is : When in a wrongful death case/ In settlement: Do the heirs have the right to ask for Accounting Documents

Crestline, CA |

Would like to ask the Law Firm for the documents showing amount settled for, that shows attorneys fees, and breakdown of each heir's amount? This is an ongoing wrongful death case, and there will be many settlements over the next 2 years. It seems they did not appreciate even an implication of asking for that? Why?

Attorney Answers 6


  1. Generally speaking, yes--the heirs should be able to ask for any accounting documents. Unfortunately, however, I cannot tell why "they did not appreciate even an implication of" you asking for such documentation.


  2. I agree with attorney Berjis. If you are the heir pursuing the wrongful death case, you should have access to accounting documents relative to settlement. If the action is ongoing, however, the accounting may not be complete which may explain their hesitation.


  3. Yes - simply request that the PR provide you with this information. The PR is under a duty to protect the estate and to make sure that accounting is appropriate.


  4. You can ask for an accounting as to YOUR settlement or award. Asking for information about others depends on the circumstances and whether there are overlapping, and possibly competing or conflicting interests, in which case you may be better off hiring or consulting independent counsel.

    Best regards,
    James Heiting

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