How get an an insurance settlement check regarding a wrongful death suit?

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How get an an insurance settlement check regarding a wrongful death suit?

My sister was killed in an accident 4 months ago. She had 2 children; one child lived with me and the other child was raised by paternal grandparents. Our mother passed and her father is nowhere that I know of they haven’t spoken for years. There was no Will or trust because she didn’t have anything. I supported her and her child. Now the driver’s insurance wants to send a check but will not write it to me or the children. What are we supposed to do?

Asked on January 29, 2012 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Ths children are very lucky to have you in their lives.  Did you have an attorney for the wrongful death suit?  Why is he or she not helping here? There should have been a person appointed as the personal representative of your sister's estate in order to bring the suit. The person appointed should be able to open an estate account for deposit of the funds. The personal representative has to probate the estate and distribute the funds into an account for the benefit of the minor children.  Please, please, please get legal help with all of this. It sounds like maybe you are doing this alone.  Good luck.


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