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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41601
Experience:  Texas lawyer for 30 years in Estate law
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My wifes mother is deceased for about 9 years . A couple of

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My wife's mother is deceased for about 9 years . A couple of years ago she responded to an ad on TV about lawsuits re the drug Avandia. A local attorney is handling the case and the award was $20,000. My wife is the PR and she has a brother in NY who is the other party in the suit.
For some reason the brother has not signed any of the papers, why I don't know. The probate paralegal advised us that no monies can be distributed until he signs the necessary papers and mails them back to FL.
My question is 1. Is it true that my wife's half of the money cannot be distributed to her and2.if #1 is true is there any way that my wife can receive her half of the settlement?
Thank you.
Jim Fennelli
Hi and welcome to Just Answer.I am Ray and I will be the expert assisting you tonight.Here if the settlement goes through the estate then you can motion the court for a final accounting and distribution of the funds.You would serve the other sibling with your motion for final accounting and distribution of the funds.

In your situation the court would approve the final accounting and distribution and you woudl distribute the remaining funds to yourself and the other sibling as set out in the order approving final accounting and distribution.By having the court approve this you can proceed and complete this matter.

You need to discuss this resolution with the lawyer for the estate. It is possible here to force a resolution by having the court involved in the final accounting and distribution.The court would approve it here with its own orders after a hearing on it.

It is possible to close this out here through probate without the consent of the other brother.The court can enter orders approving the final accounting and distribution and then discharge the pr.

See reference below --final distribution and discharge.

I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.
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