if i am suing a company and my brother is on the lawsuit as well and he passes away who gets the settlement?
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if i am suing a company and my brother is on the lawsuit as well and he passes away who gets the settlement?
suing a healthcare agency my brother was attending. My other brother called for me so he was on the lawsuit and now he has passed away, what happens if there is a settlement?
Asked on June 27, 2019 under Malpractice Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you both sued, typically you each get half the settlement, so to begin with, you get your half. Your brother's half goes to whomever inherits from him: if he had a will, whomever is named in the will; if no will, generally divided between wife and children, assuming he had a wife and/or children; if no wife or children, to your parents, if they are still alive; if there are also no living parents, his siblings (e.g. you) would inherit when there is no will.
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