Moines obtained from a deceased relative, including through a wrongful death suit , will not be considered marital property but belongs solely to the related spouse, in this case your husband. It only becomes a marital asset if your husband voluntarily shares it with you,; he is not obligated to do that.
No, the proceeds of the personal injury lawsuit on behalf of your brother in law are not marital assets and do not reflect your personal loss. If there is an economic loss that you shared with your husband, then you might have a claim.
I believe you asked a different version of this question before. You have obviously elected not to live with your husband so why are you scheming to find ways to take his money?
no. You might acquire an interest if the proceeds are deposited in some type of joint account with you. You would need to discuss this with your divorce lawyer since it appears that is where you are or are heading.
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It depends upon the community property laws in your state. Consult a local attorney.
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No, it is his money, and not generally marital property.
I am a medical malpractice, catastrophic accident and wrongful death attorney based in Philadelphia, Pennsylvania. I am licensed in Pennsylvania, New Jersey, California and West Virginia. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
Assuming that the lawsuit is successful, the first issue is whether your late brother-in-law had dependents. If so, they will recover for loss of support. Any verdict or settlement for pain and suffering becomes property of the estate. If your husband is a beneficiary of the estate, then his inheritance is his seperate property, and you have no share in it.
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