Question

This question is in regards to a hypothetical wrongful death settlement case. I will present the case through the eyes of the remaining sibling. Three siblings (1 sister (age 60), and 2 brothers (ages 58 and 55) file a suit against a nursing home over their deceased mother 3 years ago. A few weeks ago, two of the three siblings passed away. So, there's only one sibling left to receive the settlement money. The remaining sibling found out 3 days ago that they are the only person listed to receive the benefits now. Let's say they settled for the amount of $300,000. The attorney is getting 1/3 for payment. The $200,000 goes to the only surviving sibling. However, the attorney tells this sibling that the sister listed 3 people as next of kin. The surviving sibling asks if the 3 people she listed are to get her 1/3. The attorney says, "no, but, I do have to contact them and inform them that the settlement is finalized and that you will be the only one to legally receive the monies. All 3 of the people the sister listed have to sign a certain form before I can release the money to you." The surviving sibling asks if this attorney can legally discuss details of the case with them, such as how much it was for and he replies, "no, unless you give me permission to." So, what form is he talking about and why do they have to sign it before he can see any money? What happens if they want to be greedy or just don't like him and want to cause him trouble so that he cannot get the money? Also, the sister was handling the case and keeping the 2 brothers updated about the ongoings of the case. The sister was a 4 time convicted felon. The remaining sibling, the older brother, has a few misdemeanors over the years but nothing serious. The attorney was asking a bunch of questions and told the older brother that he would need a witness with no criminal record to sign the paperwork before he sends a courier to his residence to have him sign and finalize the paperwork. What's that about and why is it necessary?

Answer 1

In a hypothetical wrongful death settlement, next-of-kin may need to sign a release form before settlement money is disbursed to prevent future claims. Additionally, a witness with no criminal record may be required to ensure the integrity of the signing process. The complications reflect state intestate succession laws in the absence of a will or clear beneficiary designations.

Step-by-step explanation:

The hypothetical question you've presented is related to the law of inheritance and the distribution of settlement money in a wrongful death case. When one sibling, the sole survivor out of three, is set to receive a settlement, the attorney may require the listed next-of-kin by the deceased parties to sign a release form. This form likely confirms that they are informed of the settlement and waive any claims to it, clearing the way for the surviving sibling to receive the funds without dispute. It's precautionary, to prevent future claims. If the listed next-of-kin refuse to cooperate, it may complicate or delay the disbursement. The attorney's request for a witness with no criminal record to sign paperwork before releasing the settlement could be a measure to ensure that the signing process is conducted without undue influence and to lend credibility to it. This is a common practice in legal proceedings where the integrity of the consent is of high significance. These complications arise because the decedent did not have a will, leading to intestate succession where state laws dictate asset distribution. This can be contrasted with scenarios where clear beneficiary designations, like in the case of Sharon Kowalski and Karen Thompson or historic laws of inheritance, like the sororate or primogeniture, provided frameworks for asset division.