Dyersburg, TN asked in Wrongful Death for Tennessee

Q: How do I get my portion of net proceeds from wrongful death suit when my parent refuses to pay me my rightful 1/3 share?

She filed lawsuit in only her name. She told me I was entitled to nothing and if I retain a lawyer, that I might get judgment, but her attorney implied that I may not be able to collect it and judgment means nothing. She first said I am entitled to nothing, then offered a small amount, then it went up considerably. She is trying to force me to settle and sign non-disclosure. The amount is sealed so I don't even know how much the settlement was. Should the lawyer have paid the rightful heirs through trust account? I am 20 years old and don't understand what I need to do and why I may need to hire a lawyer to get money that is rightfully mine per

Tennessee state law. The money did not go through probate. I also, was never notified that I was an heir when probate was opened. Was the probate lawyer, lawsuit lawyer, or mother responsible for notifying and paying heirs? My mother is executrix of estate as well.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: Why did you set on your rights when you knew the Suit was going on? If Mother is an Executrix then there must be a probated Will, which may have excluded you. Check at Probate. If no Will then the Next of Kin should have been beneficiaries, and preferably Party Plaintiffs. Immediately hire a competent attorney to intervene in the Probate and the Wrongful Death Action (even post Judgment).

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