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Wrongful Death Case. All Heirs signed-agreed to terms-Case has 3 settlements-many more to go. Other 2 heirs want me out!

Los Angeles, CA |

Because of problems with family, my other 2 heirs would like to kick me out of the wrongful death suit we are all in. All paperwork has been agreed to. A 1/3 split has been signed and agreed to. Even 3 settlements have been won, but will be tied up for 6 months due to (Insurance) that has to be paid back. What is the legal process for a brother or sister to try and have me removed as an heir, we are now 7 months into this with the Law Firm, but they are not always forthcoming, They are sick of our arguing. Dos the Law Firm have a legal obligation to notify me that my two siblings are trying to take 1/2 now and not honor the agreements signed. Please help

Attorney Answers 6


  1. Best answer

    Your siblings cant "kick you out" of the case. All heirs must be involved unless they have disclaimed any interest voluntarily or otherwise refused to participate. The firm should have advised all of you of the conflict of interest and all should have signed a waiver of conflict. This is very common. When i do these, I usually have an agreed upon process for dividing the money if a gross settlement is made and the clients cant agree amongst themselves. (eg binding arbitration, etc) You have a right to get new atty if you want, for any reason.


  2. There may be a conflict of interest if the same law firm is representing all of you at the same time. You should consider getting a copy of your entire file and having it reviewed by another attorney to be sure.

    Marc Lazarus
    www.russellandlazarus.com


  3. It is typically a bad idea to have one firm representing all of you due to conflicts of interest, so retain your own lawyer.


  4. I agree with my colleague. I doubt that anyone is trying to have you "removed as an heir" and were that true I presume that you should share a lot more information before getting any legal opinion about that. I have trouble wondering why we should assist persons who seem to be unreasonably feuding where "All paperwork has been agreed to".


  5. If everything has already been signed then there probably is nothing to worry about. Your lawyer has a duty to preserve your interest. You want to have the matter reviewed by an independent attorney.

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