Asked in Wrongful Death for Illinois

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

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2 Lawyer Answers
Charles Candiano
Charles Candiano
  • Chicago, IL
  • Licensed in Illinois

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.

Peter N. Munsing
Peter N. Munsing

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.

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