Laurinburg, NC asked in Personal Injury for North Carolina

Q: My wife died 2-07-10.she had an un settled claim from a vehicle accident.the claim settled in 03-2010.i opted not to be

Power of estate. but i did fill out Application and Assignment Year'sAllowance which is sealed.i want to know do i get the settlement check thats been in the lawyers office since march 2010

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1 Lawyer Answer
Brian F Davis
Brian F Davis
  • Asheville, NC
  • Licensed in North Carolina

A: If you were married, and your wife was killed in an accident, and there was a recovery for her death, then you are entitled to a portion of that recovery. If she died without having a will, then the proceeds of the settlement would be distributed under the NC Intestate Succession Act. If the attorney who has the money refuses to give you your share, then you should consult with another attorney to help you get what you deserve. You could also contact the NC State Bar and seek their help.

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