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Lucy, Esq.
Lucy, Esq., Attorney
Category: Estate Law
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Experience:  Lawyer.
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If a child dies in a hospital under mysterious conditions and

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If a child dies in a hospital under mysterious conditions and one of the divorced parents files a wrongful death suit and is awarded a settlement do both parents benefit or just the parent who filed the suit?

What if the child was living with the parent who did not file the suit?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I am very sorry for your loss.

A wrongful death lawsuit is brought by the estate of the deceased person. With a child, that means that the person is supposed to go to the probate court, petition to open probate, and ask the judge to appoint them as executor. The case is prosecuted by the executor, and then is distributed among all of the child's heirs in accordance with state law. Assuming that the child didn't have a will, that means that the money ends up being split between the parents. The way it works, it is not relevant which parent the child is living with.

If the parent that brought the suit went to court, opened probate, and became administrator, the other parent can seek a portion of the proceeds of the suit. If that didn't happen, then the parent will probably want to talk to a local attorney about starting probate and then suing the other parent on behalf of the estate for the funds.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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