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Wrongful Death Proceeds Distribution handled in State of California.

Riverside, CA |

I am being sent a wrongful death settlement agreement form to sign along with my 2 siblings. We are to say how each one of us should like to have the proceeds of this wrongful death case divided among ourselves. At one point we were all talking, and agreed 1/3 each. Now that we are not talking, I don't know how to sign. I know If we all don't agree it could tie it up in court for a long time. I was told California was state that divides up among each of us. I have no idea how this all works, not sure each one of us had a very close relationship with deceased, but does the firm have the right to determine or if it is all 3 of us who decide how do we know what the other is deciding if no one will talk to the other.

Attorney Answers 7


  1. You each need to have a conversation with your attorney. Ultimately it is up to you to decide how the proceeds should be split. If you can't agree, there is a possibility that the money could be held until a court decides. It would be best for all of you to figure it out amongst yourselves. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. Best bet is to have the lawyer contact the siblings since you are not talking with one another. Make sure you don't sign the settlement agreement unless you agree to the fee and costs being deducted. Many lawyers take large and unreasonable fees and bill the costs to their clients instead of taking the costs from their portion.

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  3. I would recommend using the attorney handling the case as an intermediary. If the communication has ceased between you and the members of your family, the attorney will be able to bridge that gap and educate you on the best course of action.

    ------------------
    Ilya D. Frangos, Esq.
    Law Offices of Galine, Frye, & Fitting
    411 Borel Ave., Suite 500
    San Mateo, Ca 94402
    Phone: 650-345-8484
    Fax: 650-345-9875

    Please be advised that my responses to questions on Avvo are meant for informational purposes ONLY and do not create any type of attorney-client relationship or preserve any rights and statutes relating to the individual claim.


  4. If the matter were to proceed to trial, the jury would evaluate the extent of each claimant's damages separately, which is based generally on the loss of love, affection and companionship of the deceased. If there is limited insurance money, it would be divided in proportion to the damages award. In trying to reach a settlement, an equal division is usually the easiest agreement to make until one claimant decides they are entitled to more. Sometimes these claims can be resolved at a mediation. If you are represented, speak to your attorney about the best strategy. If you are not represented and there is not agreement as to proportional shares, you will need to talk to a personal injury attorney.

    Good luck.


  5. i agree with the other counsel's responses

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  6. If the siblings are the only beneficiaries then I suggest that they should all get one third with the proviso that if one of the siblings stayed with the parent an inordinate amount of time and lost wages as a result of the incident, then that sibling should be made whole and then the rest of the money should be split equally. There are many other ways, such as let the poorest of the sibling take the largest share, but each family is different, so in the end it is up to each one of you to instruct your lawyer what your position is and to submit it to the lead lawyer. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  7. If you all cant agree, the atty should get all to agree to a binding arbitrator to hear each childs claim and determine the value. Then the arbitrator will allocate pro rata based on the relative value assigned to each party. All should share in arbitrator's costs.

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