Wrongful death claims are paid to the statutory heirs — which for a minor would almost certainly be the parents. The child’s mother will be barred by her murder conviction and the Slayer Statute (can’t benefit by causing the death). So the father will receive the proceeds — after the attorney’s contingent fee (likely 40%), litigation expenses, and the expenses of administering the estate (which can include the Personal Representative’s commission of 5% or whatever fee the Court sets for the Special Administrator.)
Charles Black. Good info. I wonder if the child’s father ever intervened in an attempt to gain custody? If not, it doesn’t seem right that he should get a final benefit from this lawsuit. Hopefully whoever benefits from this suit actually tried to protect Christina.
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Wrongful death claims are paid to the statutory heirs — which for a minor would almost certainly be the parents. The child’s mother will be barred by her murder conviction and the Slayer Statute (can’t benefit by causing the death). So the father will receive the proceeds — after the attorney’s contingent fee (likely 40%), litigation expenses, and the expenses of administering the estate (which can include the Personal Representative’s commission of 5% or whatever fee the Court sets for the Special Administrator.)
Charles Black. Good info. I wonder if the child’s father ever intervened in an attempt to gain custody? If not, it doesn’t seem right that he should get a final benefit from this lawsuit. Hopefully whoever benefits from this suit actually tried to protect Christina.
One of DSS’s attorneys failed in private practice. But after the fact, the department hired him with arms wide open and a big ole hug.