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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37376
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My daughter died before she received her money from a

Customer Question

My daughter died before she received her money from a pending Class Action Lawsuit. She did not have a will. She had been married for only 8 months prior to her death with one daughter age 3 from that union.
Who is entitled to her class action lawsuit money?
Her husband has already made claim and had the check written out in his name.
Is her daughter/mother/father/brother entitled to any of this money? If so, what can be done legally?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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In a situation like this, WV intestacy law would control who inherits and state law says that where someone passes with a spouse and descendants from that spouse, then the spouse inherits everything.

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So here, the husband would inherit her entire estate under WV Statutes 542-1-3 if the 3 year old is also the husband's child. If the child had a different father, then the husband and the child would divide the estate.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
The father's a drug addict and as a result, the court has ordered and assigned guardian ad litem. Can the guardian ad litem request that money part of this class action law suit money put in account specifically for our granddaughter?
Expert:  Barrister replied 1 year ago.

Unfortunately no, because the husband inherits the entire estate by default. He still has a legal duty to support his child, but that money goes directly to him once any settlement is paid out. But the guardian ad litem (GAL) for the child could try to motion the court to have him put aside some of it to support the child, but I don't believe a judge would order it simply because the legal duty already exists for him to support the child.

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thanks

Barrister