A man has a will that states nothing goes to the adult children and everything goes to the wife. The man dies after being in a coma for 6 weeks form a car accident and a wrongful death action if filed. The children and the wife agree to a 50/50 split of the money. Will the court approve this agreement even though the will states nothing is to go to the adult children?
Another part of this question is do the funds recovered from a wrongful death case go through or go to the estate?
Who pays out under the agreement ...the estate attorney or the PI attorney (which is with whom the settlement agreement was made)?after Mr. Springer's answer I will ask if anyone in Illinois knows if the jurisdiction in Cook County recognize the right of wrongful death as belonging to the estate of the decedent, which may be subject to the will, or whether the right of wrongful death is an independent right that belongs to legal heirs individually, regardless of the interests of the decedent?