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    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
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    #1

    Jul 21, 2011, 10:16 AM
    Probate Law on wrongful death suit, state of Alabama
    My husband's daughter was killed in an auto accident in Alabama in 2002, there was an award of 525,000 for a wrongful death. He received a petiton in the mail yesterday on behalf of his ex wife stating that because the daughter had no spouse or kids the surviving parents split the net amt of 235K she is asking the court/him to relinguish his part to her because she "claims" he was never around as a father, and only support she got was through Florida child support etc. The petition did state that it is the law of Alabama and Florida that my husband get half. We have 20 days to answer the petition, and are wondering if he should call and talk to her attorney and let them know he doesn't intend to to give up his half, and that he would settle for X amount of dollars and she can keep the rest to keep from having to go to court. I would think because it is the law and no stipulations on the law that he would win even if we had to go to court. If we have to get an attorney should we hire one here or there? I hope someone can help
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jul 21, 2011, 10:27 AM
    He should consult with an attorney local to him, before deciding whether to hire or not by the hour.
    I'm surprised that the state of FL doesn't go after settlements to be reimbursed for what they shelled out to indigent mothers, so I would not sign anything or call anyone yet. Make sure with a lawyer that you are reading it right.
    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
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    #3

    Jul 21, 2011, 11:00 AM
    Comment on joypulv's post
    Am I correct it would be a probate lawyer, since it is the estate of his daughter?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jul 21, 2011, 01:28 PM
    Any good lawyer who is not the slip-and-fall type (injury) can handle this. Go by reputation around town. Wills, estates, probate, sure.
    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
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    #5

    Jul 21, 2011, 01:53 PM
    Comment on joypulv's post
    Thank you so much
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #6

    Jul 21, 2011, 02:13 PM

    Yes, definitely talk to an attorney. But I think your husband's ex is correct here, if the payment was made to the daughter's estate. Assuming the daughter did not have a will, and has no spouse, then by FL law her estate is split between the parents. From: MyStateWill.com | Florida Intestate Laws :

    the entire intestate estate if there is no surviving spouse, descends as follows:
    (1) To the lineal descendants of the decedent.
    (2) If there is no lineal descendant, to the decedent's father and mother equally, or to the survivor of them.

    Assuming the settlement was made payable to the estate of the daughter, it passes on to her heirs according to law. Hence - 50% to each parent.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 21, 2011, 03:09 PM

    Was a child support order ever issued? If there was and he never paid, then he may wind up with less than half. Any arrears he owes would be taken out of his share.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Jul 21, 2011, 06:00 PM

    Don't try to fix this yourself and barter with her or any type of negotiation. Get an attorney so he doesn't get less than half of nothing in the end.
    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
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    #9

    Jul 22, 2011, 11:42 AM
    He paid all of his child support, there is no arrears, and yes it was court ordered, thank you all for your help, we are looking for an attorney now
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Jul 25, 2011, 10:36 AM
    Quote Originally Posted by Edensmimi View Post
    ... there was an award of 525,000 for a wrongful death. ...
    A court award? Who filed suit and where? The mother in Alabama?

    Quote Originally Posted by Edensmimi View Post
    ... He received a petiton in the mail yesterday on behalf of his ex wife ... she is asking the court/him to relinguish his part to her ...
    Is this a new case, also filed in Alabama?


    Quote Originally Posted by Edensmimi View Post
    ... We have 20 days to answer the petition, and are wondering if he should call and talk to her attorney and let them konw he doesnt intend to to give up his half, and that he would settle for X amount of dollars and she can keep the rest to keep from having to go to court. ...
    No. Don't talk to her attorney. Remember, your position may be reasonable, but her attorney's job isn't to determine if his client (your husband's ex) is being fair or reasonable. His job is to represent his client zealously. Just be sure to file an answer within the 20 days.

    Don't give her anything. She has no apparent case, so there is no reason to compromise with her.

    Quote Originally Posted by Edensmimi View Post
    ... If we have to get an attorney should we hire one here or there? ...
    You live in Florida? I suggest you talk to an attorney you know in your community. That attorney can best guide you through all of this. If it's necessary to fight the Alabama petition, your Florida attorney can help you find one there or appear pro hac vice.
    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
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    #11

    Jul 25, 2011, 10:52 AM
    Comment on AK lawyer's post
    Yes it was court awarded, she (mother) filed it in Alabama where accident was, she lives in Florida.
    She just re-opened the estate is what the petition says
    We live in Houston Tx
    Thank you for your advice
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #12

    Jul 25, 2011, 11:02 AM
    Quote Originally Posted by Edensmimi View Post
    Yes it was court awarded, she (mother) filed it in alabama where accident was, she lives in florida.
    She just re-opened the estate is what the petition says
    we live in Houston Tx
    thank you for your advice
    Ok. So the daughter resided in Florida with the mother, and the daughter's probate case is filed in Florida.

    Consult with a Texas attorney where you live. He or she will best be able to determine what to do next. It's possible that the case could be removed to Federal court because of diversity of citizenship, but that would be one thing your attorney can look into.
    Edensmimi's Avatar
    Edensmimi Posts: 105, Reputation: 7
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    #13

    Aug 1, 2011, 09:33 AM
    Just wanted to Thank everyone for their advice, I found a loop hole in their case and they have settled out of court with him. Thanks a million!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #14

    Aug 1, 2011, 09:48 AM
    Quote Originally Posted by Edensmimi View Post
    Just wanted to Thank everyone for their advice, I found a loop hole in their case and they have settled out of court with him. Thanks a million!
    Thanks are really not necessary (, but certainly appreciated). Money will do just fine.

    Seriously, what was the loophole?
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