my mother had two children my older sister passed before my mother. My sister had a son who is a minor. Do I have to split the wrongful death of my mother with my newphew who is a minor. He is in the care of his father - non related to me. Am I entitled to all the funds since Im the next of kin and my sister is deceased. My newphew is only 9 years old and his father would be the guardian. Also can I claim al funeral and burial cost assosciated with my mothers death.
Sorry for your loss.
I don't practice in IL. Generally speaking, in many states, only statutory beneficiaries have claims in a wrongful death lawsuit and each beneficiary has a separate claim. In Arizona, for example, only parents, spouses and children have claims, not grandchildren.
Talk to an IL injury lawyer about your situation and to confirm who is a statutory beneficiary. If you have a lawyer, ask him or her.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
Yes. The Wrongful Death Act governs all of this. While some depends on percentage of dependency, the Act is specific on who, and which family branches, take.
Talk to your lawyer for a more fact-specific explanation.
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Wrongful death awards are governed by the Wrongful Death Act, survival awards are part of the estate and flow based on estate planning documents or intestacy.
I assume you have a lawyer as nobody should be handling a wrongful death matter without one. If you have a lawyer, ask the lawyer. If you don't, you need to hire one before you make mistakes that can't be undone.
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Legally, yes, your nephew can recover money under the Illinois Wrongful Death and Survival Acts. I have to assume that you already have a lawyer. You should direct these questions to him or her. They would be the best person to guide you since they know your case the best.
Each state has its own laws that govern who takes under a wrongful death case, and each case is unique. State statutes in Illinois would control in your case (assuming the case is in Illinois). A wrongful death or probate lawyer in Illinois should be consulted and can give you a definitive answer after going over the details of your case.
As other attorneys admitted in Illinois have noted, the Wrongful Death Act would govern this situation, and you should consult your attorney about the specific facts affecting your situations.
I'm sorry to hear of the loss your family has suffered.
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