Miami, FL asked in Medical Malpractice and Probate for Tennessee

Q: My mother passed away & my step father has opened a malpractice lawsuit & probate(no will) is involved am I entitled

To anything from the lawsuit (or money that gets put into the estate from the lawsuit) he is the administrator of the lawsuit and estate they were married less than 9 years ! How do I ensure I am a beneficiary over a portion of what goes into the estate from the lawsuit how do I go about Making sure I am a beneficiary & I get what I'm owed out of the estate if any ?? Also what's the percentage I am entitled to ? I need answers fast please offers are being made to settle the case none accepted yet

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
Answered
  • Probate Lawyer
  • Oklahoma City, OK

A: What you are entitled to inherit from your mother depends on whether she had a valid will. If she did, the will would determine how her property would be divided. If she did not have a will, her state's laws of succession would control distribution. If she died intestate, you (and your siblings, if any) would probably split half and your step-father would get the other half of her property, including causes of action (law suits). You need to consult an experienced probate lawyer in your mom's state for specific answers and legal advice.

PS: My comments here are for general information only and are not legal advice about your specific situation. My comments also do not create an attorney-client relationship between us. Consult a lawyer in your state for legal advice.

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