Wrongful death settlement?

Situation....wrongful death settlement awarded for deceased woman, survived by 5 siblings....one sister brought suit and did all the work, other siblings refused to help...now settlement was awarded, others trying to take claim. who is entitled? if its divided, is it always divided evenly or court decided?
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James Otto Heiting

James Otto Heiting

Contributor Level 3
"It all depends". Was the settlement awarded only to settle only the claim of the sister mentioned? If so, and the settling party is settling only that claim, it is her settlement and does not concern the others. Typically, all siblings would have the potential to make claims. Were they all named as claimants? The court can ultimately decide who is entitled to any award for the mother's death; but if the settlement is meant only for the one, the court would probably not interfere. If the court does have to decide who is to get what, relationship, dependence, and other factors may have impact. I am assuming an attorney assisted in getting the settlement; but even so, the siblings will need independent counsel to advise them. The original attorney, if any, would have a potential conflict of interest in advising who is to get what of the settlement. Hope this helps. There are many fine attorneys in Rogers and the surrounding area that could assist.
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