Visitor Question

Compensation split for wife vs. mother?

Submitted By: Leslie (California)

My husband passed away. Myself, my mother-in-law and my children have filed suit against the other parties. My mother-in-law has a claim because she supposedly “depended” on him for a month or two (he gave her $75 a month) at one point. My husband had no contact with her before his death because she only wanted him around when he was working and not on drugs, so he lost contact with her.

Would you please be able to tell me what she’ll get out of this case for saying she depended on him? What are each of us entitled to if we win the wrongful death suit? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Leslie,

If you are represented by an attorney you should heed his or her advice. It’s not my intention to interfere with any attorney-client relationship.

It is unlikely your mother in law will be entitled to any amount. As your husband’s spouse you should be entitled to the full amount of any settlement. Of course, your mother in law can hire an attorney and sue you, but that’s doubtful. To sue, your mother in law would likely have to file her lawsuit within your lawsuit.

Under the facts you present there doesn’t seem to be sufficient evidence to support any legal claim your mother in law might present. A month or two of your husband’s payments to his mother, especially in the nominal amount of $75.00 dollars or so is unlikely to support any legal claim your mother in law might propose. Once again, heed your attorney’s advice and counsel.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 18, 2013

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