Do You Qualify? It Could Happen to Anyone
Let me give you a scenario. Let’s take the situation where a client’s husband has been killed in a car accident. She’s appointed as the executor of the state and she hires me to represent that state on the wrongful death claim. We eventually are able to settle the wrongful death claim. There is a certain amount of money that goes into that pot to settle that claim. That money then goes into probate court. The probate court judge along with the executor and the heirs will then decide who is going to receive that money. Quite often time it is divided according statute which has specific individuals that are entitled to recover. Normally, the spouse, the children, or the parents. After the case is settled, if there is an argument as to who gets the money, then each of the individual claimants, the heirs, would have to get their own attorneys and get to probate court and argue as to what they believe they are entitled to.