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If your dad was your mother's sole heir under the laws of intestacy (dying without a Will) or sole beneficiary under a Will or trust, or sole designee under a beneficiary designation, then you probably can's "take your mom's share." You might be able to challenge beneficiary designations if your mother didn't have capacity, but that would be exceedingly difficult, it being natural for a wife to leave her estate to her husband. The only way you could find out, absent your dad disclosing information, would be to file a lawsuit.

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Q: Mom died and dad who has lots of money won't help me in any way. How do I take my mom's share and how do you find out if there was insurance money or a settlement for her wrongful death?
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Related questions

Can wrongful death insurance settlement paid to surviving daughter be used to pay deceased fathers debt?

It can be used if the daughter wishes to do it. But she is not required to. The money was paid to her to compensate her for the loss of the father.


Where does money come from in wrongful death car accident?

The insurance company of the driver "at fault,' or from their personal funds if they have no insurance.


What is the average settlement in a wrongful death lawsuit?

It is difficult to determine the average settlement in a wrongful death lawsuit, because a meau number doesn't address the factors for determining the amount of settlement. These factors are figuring out the life expectancy of the deceased and taking into account how much money he or she would be expected to earn during that time. Therefore, each settlement is unique.


Who pays medical bills in wrongful death suit if estate has no money?

It would be relevant to know how this person died and who is being sued for wrongful death. Conceivably, if the wrongful death suit is won and a payment is made, then the plaintiff in the suit (presumably, a relative of the person who died) would be in a position to pay medical bills, although if the doctors are being sued for wrongful death it may not make sense to also pay their bills. If the suit fails and there is no settlement, and the estate has no money, then the medical bills do not get paid. Not every bill can be collected. Sometimes they have to be written off as noncollectable.


Do you need a lawyer to get a Life Insurance Settlement?

you do not need a lawyer for that. Simply submit a death certificate to the insurance and tell them the adress to send the money.


Husbands dies a wrongful death how much do wife and children get from a lawsuit?

If a husband dies a wrongful death the wife and children may get a large sum in a lawsuit. The money depends on the case.


If a person is convicted of wrongful death charged by his family can they go to jail?

No, because "wrongful death" is not a criminal charge, only a civil charge (a "lawsuit"), and can result in award of money (restitution, etc), but not jail.


Can you use the money from the insurance company to buy a new equipment instead of fixing it?

You are not obligated to spend your auto insurance settlement claim check on a particular kind of repair. In fact, after payout, the auto insurance company has no legal ability to control or restrict how you spend your settlement money.


What are some important factors to considered when accepting an insurance settlement?

Before you accept an insurance settlement consider the long term risks. Will you need more money down the road or in the future and is this settlement enough to cover an unexpected expense that may arise.


How much money can I possibly be awarded in a Senior Life Insurance Settlement?

The settlement would depend upon the wording of your policy. You must read the policy to figure out what the maximum settlement might be.


Where can you find a cash settlement?

A cash settlement can be obtained through an insurance company if you have a claim in which money is owed to you. A cash settlement is usually paid in one lump sum, as opposed to a structured settlement of paid installments.


What do you do if there is money left over after you pay the body shop for repairing your car after an insurance claim?

You get to keep the money you have left over after paying the body shop. It is considered part of your insurance settlement.