Mother in law changed my husband's part of his father's wrongful death settlement from 1/3rd to 5%.

Question

My father in law was killed by a school bus. My mother in law is suing them on behalf of the family (my husband's grandmother, my husband, and herself) and has told my husband since the beginning that his part of the settlement will be 1/3rd. Recently, she found out that the settlement will be much less than the lawyers were first telling her and now she is saying that by law my husband can only get 5% of the settlement. Obviously, my husband would rather have his father, but we viewed that money as his last gift to us. A chance to finally buy a house, and for my husband to go to school and achieve his dreams.  My mother in law wants us to move next door to her, and after we made it clear that the house we buy won't  be a trailer on her land, that's when all this started. At this point, it's not really about the money, it's about  just getting some truth. Any help would be appreciated.

Lydia Seifner · Answer

This is more of an estate planning and tort issue.  But my understanding is that unless your husband was named as a party in the suit, he is not a beneficiary of the settlement.

Peter N. Munsing · Answer

I must disagree with Ms. Seifner. Your husband is part of the case. He should contact the attorney involved and without going through the issue about the trailer etc, just state that he's being told it's only 5% is that true etc. 
 
A few items. No case setltes until everyone knows and there is a notice of the "proposed distribuition"--where the money goes--and who gets what. 
 
I assume the attorney has checked to see if there is underinsured motorist coverage on any cars he had or resident relatives had at the time of the wreck. Generally a school bus should have a large enough policy that there would be money to go around. So calmly, politely, your husband wants to ask questions.

Q: Mother in law changed my husband's part of his father's wrongful death settlement from 1/3rd to 5%.