There are some relations that are not entitled to wrongful death settlement monies. An ex-wife may fall into that category.

A recent case in West Virginia resulted in a decision by the West Virginia Supreme Court that the ex-wife of a man who lost his life in a motorcycle accident was not entitled to any proceeds from his estate.

As it turned out, the decedent’s estate was able to negotiate $300,000 on a successful wrongful death lawsuit. All of it was deemed to be paid to the man’s estate, for eventual dispersal to his heirs. The will did not make it to probate, because the man’s ex-wife said he owed her at least $50,000 for unpaid child support.

The issue was not that the man was not paying his support. He had started paying the required monthly amount in 2003. At the time he died, the children were adults and he had no further obligations to support them.

The language of the wrongful death statute in West Virginia states only an individual who was financially dependent on the deceased could file a claim to any proceeds from the estate, and that included someone who was not a relative of the deceased.

In this instance, the court decided the ex-wife was not a relative and furthermore, was not financially dependent on the man. She sent any money she did get from him in the form of child support to her adult children, keeping none back for herself. In short, the court indicated she did not need the money and therefore was not entitled to a share of the wrongful death proceeds.

In filing a wrongful death lawsuit in Texas, the plaintiff needs to know precisely what rules may apply to them. Without a clear understanding of how the Texas statute reads, the family may be surprised to find out that proceeds may have to be divided in a certain manner.

Generally, in Texas, wrongful death claims may only be brought by the surviving spouse, children and parents of the deceased. Additionally, some claims may belong to the deceased’s estate. But this West Virginia case is an example of some of the nuances that make pursuing claims so difficult.

Getting a settlement is only half the battle and you need a competent Austin wrongful death lawyer to guide you through the process.

Perlmutter & Schuelke, LLP is one of the premier trial firms in Austin Texas. Contact a wrongful death attorney by calling 512-476-4944 or learn more at http://www.civtrial.com/.