Wrongful death settlements. There are 3 siblings,, I am told in California the money will come via 1/3 for each of us.

Why are the wronful death payments sent in installments? I was told in California, its the law that each of us will get 1/3 each, that there are 18 lawsuits, and as each case is won, the money will be divided up. None of us will contest the 1/3, we are all in agreement. Does the Firm get paid there 40% first? How do they get there money, do each of us get to say that we each will accept the offers, or does one of us get to accept and the other two have to live with the decision. Thank You

Los Angeles, CA -

Attorney Answers (4)

Ian A. Scharg

Ian A. Scharg

Estate Planning Attorney - Sacramento, CA
Answered

You will need to look at the initial retainer agreement to see how the fees are figured (i.e. if they are before costs or after costs). In regard to the installment payments, it depends on what the terms of the settlement says.

You will need to look at the documents to shed some light on your question. Has your case settled?

Best of luck

This is not legal advice and does not create an attorney-client relationship. You should consult an attorney if... more
Joseph Jonathan Brophy

Joseph Jonathan Brophy

Probate Attorney - White Plains, NY
Answered

Settlements in certain kinds of cases, especially asbestos cases, tend to come in dribs and drabs. Generally there is one person who is the legal representative, and that person signs off on each payment as it comes in. The attorneys will generally take their fee and expenses on each payment and distribute the rest, sometimes reserving a percentage for future expenses. This is general information. You need to discuss the details with the lawyers you hired.

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Eric Jerome Gold

Eric Jerome Gold

Probate Attorney - Calabasas, CA
Answered

These are questions that you should be posing to your attorneys in the WD cases. They should be able to explain everything to you. As well, you should refer to your retainer agreement which should spell out the responsibilities of each of you.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more
Steven Mark Sweat

Steven Mark Sweat

Personal Injury Lawyer - Los Angeles, CA
Answered

Whether or not settlements are paid in installments or in a lump-sum on a wrongful death claim in California, depends upon the terms of the settlement agreement. You should speak with your attorney about this.

Nothing in this communication should be construed as creating an attorney client relationship. This is for... more

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