Standard family agreement for a wrongful death settlement?

Asked over 2 years ago - Pensacola, FL

My mother is dying of mesothelioma. My step dad, brother and myself will follow their P.I. case with a wrongful death case at her passing if things aren't settled prior. We want a 40-30-30 (my brother and I) split. He is balking. We are adults, they are filing the meso case in Illinois. How do we type up an settlement agreement that states this settlement amounts. If he doesn't agree and sign the requested document, should we get out own attorney and just eat up all the settlement in attorney fees? I'm in my 50's, my brother is in his 40's and they've been married 17 years. Do you think 40-30-30 is fair?

Additional information

Sorry... the step dad is balking. He found a blog he googled referencing the 2010 FL Statue 732.102. This isn't applicable as he isn't our father and mother has a will. The law firm handling the P.I. case stated they don't get involved in the contract with in the family to split the money, they suggested we get something in writing to have on file in order to "cut the checks". My mother 1st agreed with me to the 40-30-30 split then told me "he" wants more discussion.

Attorney answers (4)

  1. Jeffrey Alan Adelman

    Contributor Level 12

    Answered . What does your brother want? If he wants everyone to get the same, that seems like a reasonable way to proceed. It certainly would not be worth fighting about if that will resolve the issue with your brother so you can focus on the facts of your claim.

  2. Lawrence Joseph Marraffino

    Pro

    Contributor Level 13

    Answered . Only the Personal Representative of the Estate of your mother once she passes can bring a claim for wrongful death. If the case settles, it is up to the various beneficiaries to agree as to how the proceeds should be divided. If the case were to go to trial, the jury would decide.

    This answer cannot be a substitute for legal advice which requires more information from the client than can be... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Only one case for wrongful death can be filed. All the plaintiffs should coordinate with the one lawyer, and an even split between all would be the likely scenario.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Joseph Jonathan Brophy

    Contributor Level 20

    1

    Lawyer agrees

    Answered . There is no standard agreement. It is impossible to predict how a court would allocate an eventual recovery, except to say that the spouse would receive a substantial share. There are legal guidelines that vary from state to state, and the court has discretion depending upon the specific circumstances and facts in the case. For advice, you should consult with a lawyer who handles wrongful death cases, or a probate lawyer, in the state where your mother resides. Under no circumstnaces would I recommend that the family try to draw up their own agreement without legal advice.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more

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