Q: Who receives the judgement or settlement in a wrongful death suit in Michigan?
I may be able to enter into the Camp Lejeune lawsuit on behalf of my late father, but I am also not on speaking terms with my mother, and if she will receive the proceeds from any settlement then I'm not going to bother with it. Also would I need to be executor of his estate to file?
A: Yes, you would need to be the personal representative, and yes, without a will, the spouse would receive a significant portion of not all of it.
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A: The estate needs to bring the action for the claim. If your father passed without a will, then the Michigan intestacy laws will apply. This means that your mother, if married to your father at his time of death, will receive most of the assets of the estate. More information and facts would need to be reviewed by a probate attorney however, to give you the likely outcome.
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