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.
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