Q: My dad had a wrongful death in prison and I won a lawsuit against the prison. Do i have to share with my half siblings?
When i reached out to each of them to share the lawyer fees, neither of them wanted to get involved or put money into the case. I am the one that did all the paperwork, communicating with attorneys, and paid for all the fees. It is in the state of Florida. In addition, my attorneys advised me that legally the settlement has to be split with them, regardless of the lack of effort/money they have put into the case. Looking for any more opinions/advice. They are my half siblings.
A:
Family members who may recover damages in a Florida wrongful death case include:
The deceased person’s spouse, children, and parents, and any blood relative or adoptive sibling who is "partly or wholly dependent on the decedent for support or services." If a child is born to unmarried parents, the child can recover damages in a wrongful death case if his or her mother dies. If the child's father dies, however, the child can only recover damages if the father had formally recognized the child as his own and was obligated to contribute to the support of the child.
I would suggest you speak to a probate attorney regarding your late father's estate.
I hope this answers your question. Best wishes.
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.
