Can a person from the Philippines sue her sibling in the US for not giving her share in a settlement case?
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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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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.
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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.
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