Is the estate or family members of a deceased entitled to a personal settlement award?

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Is the estate or family members of a deceased entitled to a personal settlement award?

My father left everything to me in his Will. He filed claims since he worked in a shipyard, which caused his lung cancer. My siblings feel that these monies from claims should be split between all regardless of what the Will state. I have been receiving monies which are in my name from claims. Are my siblings entitled to this money?

Asked on July 23, 2014 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Generally speaking, when the lawsuit is settled the proceeds would become part of his estate and then distributed according to his Will.  One needs to make sure that the Will properly excluded your siblings. One would have to see all the documentation here to be 100% sure. 


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