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Wrongful Death Proceeds, who is entitled? Equal degree of consanguinity.
Medina, OH
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Posted 21 days ago in Probate
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My father the executor of my Mothers estate brought the wrongful death suit in Ohio. We settled out of court. There are 3 benificiaries. Myself, my brother and my father. After the out of court settlement, my father stated to us that the attorney advised he will get 2/3 and my brother and I will get 1/3 and split it (basically 1/6 to each child) We are adult children. We were told if we did not agree to these amounts the probate judge would decide and we would get much less. We obviously agreed. I just signed the probate papers yesterday and it has a summary attached which states " all benificiaries are on an equal degree of consanguinity but the children agreed to split 1/3 of the settlement". What does this mean? Did we agree to something we didn't have to?
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I will give an attorney a call on Monday. Thank you for your input. The attorney handling the estate at the moment, did say if there is a hearing (because what we signed was the consent and waiver form) at that time the judge will ask if we understand how everything was divided. He believes there will be a hearing about the attorneys fees. Is this the time for us to speak up or will it not do us any good? Thanks. Answers (1)
Andrew Daniel Myers
This attorney is licensed in Massachusetts and 1 other state.
Posted 21 days ago.
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WOOOAAAA..... you should have asked before you signed! Sorry, but its true. Often, wrongful death statutes themselves say who gets what, separate and apart from the intestacy statutes, which specify who gets what in accordance with consanguinuity. You need to run not walk to an experienced Ohio probate attorney to get your answer and to face the more important question, whether you can un-ring the bell of the agreement that you already signed.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies. |
