If you have parent that had a lawsuit going through and they passed before it was received, who gets it?

UPDATED: Dec 7, 2017

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If you have parent that had a lawsuit going through and they passed before it was received, who gets it?

My dad just passed away. He had a lawsuit going through but he died in the hospital which that would be another lawsuit in the works because he died from wrongful death. So now I’m his only child but my grandparents are both still alive; he also has siblings. Do I receive all his things from the lawsuit or do they get some money also?

Asked on December 7, 2017 under Personal Injury, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Any monies coming into your father's estate will be distributed with his other assets. If he had a will, they will go to whomever the will indicates. If he did not have a will, they will go according to "intestate succession"--the rules for who gets what when there is no will. In your state (MI), if your father was not married when he passed, his surviving children inherit everything; if you are the only child, you will receive everything.

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