Q: Is the widow of dead attorney in LA entitled to proceeds of the suits he worked on before he died? He was firm owner.
Firm wants widow to repay $300k loan he took from firm, but she gets nothing from the suits settled after his death (his portion was 60%). They had pre-nup that each others debts were their own.
A: To the extent that the Decedent earned income, it is now due his estate. To determine who takes to that estate, the nature of the property in the estate must first be confirmed - is it separate or community? There are different, default inheritance rules for each type of property. Thus, the language of any pre-nup agreement and any will are crucial.
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