My grandmother who is a US citizen died while riding a bus and her sons, who were also in the US, sue the bus company. The bus company settled and they were given a fair amount of money. It was supposed to be divided amongst my grandmother's 4 children but unfortunately, two of them died and only my uncle and mom were left. However, my unlce in the US is refusing to give my mom's share. What should we do?
Yes, your mom needs to contact a lawyer immediately.
This is not to be construed as establishing an attorney client relationship. Further, you should seek a consultation with an experienced attorney as the advice is based on very limited information.
Generally speaking, when dealing with money that was paid on behalf of a wrongful death case, it usually goes to the decedent's estate or next of kin. Given that, this appears to be a probate matter, as the settlement proceeds should be evenly divided amongst the remaining next of kin pursuant to applicable law, unless your grandmother had a will or something to the contrary. You should contact a probate attorney who can assist you in this matter going forward in recovering your mother's share of the proceeds as 1 of the 2 remaining next of kin. Best of luck.
This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
Under CCP 377.60, the proper plaintiffs are the decedent's surviving spouse, domestic partner, children and issue of deceased children. As the issue of a deceased child, you should have been joined or included in any wrongful death litigation. You can no longer sue the wrongful death defendant, but may have rights against the uncle. (See Ruttenberg v. Rittenburg, caselaw.findlaw.com/ca-court-of-appeal/1390136.html). You should move quickly, before the money is gone.
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