Q: my little brother die at work parents she fed gov. Settling out of court already how long till I receive my share?
And can I borrow against my share not all just sum to get me by can I do this
A:
If your brother died in a work injury, in Illinois, your parents would NOT receive anything unless 3 conditions are met: 1.) He was not married; 2.) He had no Children; and 3.) Your parents were financially dependent upon your brother. Your parents may or may not get any money but YOU are NOT entitled to ANY portion of the money, under ANY circumstances if your brother died of a work injury.
If your brother's death was caused by the negligence of another (who had insurance), and the case was settled, you could only receive money if your brother was 1.) unmarried; 2.) Had no children; 3.) Died Intestate (without a Will). In that case, 1/2 of the recovery goes to your parents and 1/2 is divided among the siblings who survived him. If this is the case, you can call the attorney who negotiated the settlement to learn when a check will issue (usually within 2 weeks of settlement). The attorney should be issuing a check within a week after receipt. Request a copy of the Court Approval of the Settlement from the Special Administrator. That will delineate who is to take and how much you will get. If you have that paper, you should be able to borrow from any case lender but it may make more sense to just wait for the money. If the case settled for $300,000.00 AND you have 3 OTHER siblings, you would each receive approximately $46,000 - $48,000, depending on costs. Your portion = 2/3 X recovery divided by the number of siblings, minus the costs.
A:
I agree with Mr. Candiano. Also there may have been an estate oipened to bring the suit and you can check on that and make sure you are listed as a brother.
However, do not borrow money against your settlement. The interest they charge is extreme. Sounds like its close enough your wait shouldn't be that long.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.