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My son died in a motorcycle accident in 2008. His widow sued the other persons insurance company. This case has not been settled yet. I contested to the court not to make her administrator of the estate. He has none - just around $5000 in credit cards. Insurance company paid funeral expenses and ambulance. His father & I stated that she does not deserve the millon she sued for, since he didn't have a large debit. Plus someone else should be administrator because the bills would not get paid and she would blow all the money away instead of using it for good. They had no children. And the fact that the day of his funeral-she had asked a friend of his if she could move in with him. In one year she has lived with 4 men that I know of. On 1 August 2009 she remarried. He is wearing my sons wedding band and she has on her old rings. My question is-now that she has remarried, does she still get this insurance settlement, so her & her newest vivtum can live off my sons death?
Thank you for contacting our JA team for guidance.
While the insurance company may make good use of these facts to minimize any award to her, she is the plaintiff in a wrongful death suit, so any settlement or judgment would go to her and not your son's estate. Unfortunately, there is little you can do except to contest having her administer his estate. In some states, the creditors of his estate can go after her for debts owed, if they were incurred during the marriage or also have her name on the loans.
She would be entitled to any settlement or judgment despite the fact that she has remarried. I am so very sorry for your loss, but the law does not prevent her from collecting insurance proceeds unless she was involved in contributing to your son's death.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
TG
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Lawyer
JD, BBA Over 20 years legal and business experience.
The credit cards, her car and a 3 wheeler are in his name-before they married. The car & 4 wheeler are with State Farm Bank and they don't have a death pay off clause. So she'd have to pay these, right?