Executor and Wrongful Death Settlement

[Art_diesel]

my father is dying of cancer from asbestos. He hired a lawyer. I talked to the lawyer recently. I asked him what would happen if he dies before the the suit is over. He told me it would turn into a wrongful death suit. He said the settlement would go to the estate. I asked him if the executor would have any access to the settlement and he stated no, it would go to the estate. My question is what exactly does he mean? I'm in my dads will as the beneficiary. My concern is the executor would have access or some claim to the settlement money if there was any. I'd appreciate some advice on this.

[Mr. Knowitall]

The executor is the person legally responsible for managing the estate. The executor can receive a fee from the estate for his services, with the details depending upon the terms of the estate plan and state law. However, being an executor does not make you an heir (an heir may serve as executor, but so may a non-heir). Wrongful death settlement money would be distributed consistent with the estate plan, if one exists, or state law if there is no estate plan, once the estate's debts have been paid.

[jsmith281]

Where does the executor reside?and what state is your father in?
some states require out of state executor to post surety bond.

[Art_diesel]

My dad's in Twin Falls Idaho. That's where the executor is also. I'm in Nevada. The executor is not a beneficiary just a very distant relative of my dad.

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I know what an executor does but what I'm asking is in a wrongful death settlement would the executor actually be given the money to then be distributed to the beneficiaries or after the settlement is determined is the money given to the heirs based on the will?

[Foster_Foster]

Not sure how many times/ways you need to hear it, but the settlement is made payable to the *estate* (the lawyer presumably would have said if it worked a different way, no?). If you're the only person named to inherit in a valid will, then after estate debt, the executor would distribute to you. Please note that your father's free to change his will (or destroy it for that matter), so if you're not the only heir at law (say, your father's not married but you have other siblings or there are kids of deceased siblings), that would be scenario where you could expect proceeds of an estate to go to someone other than you.

[Art_diesel]

Well my sister and I are in his will. Currently he has us splitting everything.my main concern is I don't trust the executor. I was told by another law firm that the settlement could be a great deal of money. I don't expect to receive anything. I was just hoping maybe the executor wouldn't have access to the settlement.

[Foster_Foster]

If the executor does anything that isn't following the law or the will, then you seek local estate-probate counsel. The executor answers to the court. One doesn't get to pick who a parent asks to administer his estate any more than one gets to dictate to whom the parent leaves their estate, I'm afraid.

[jsmith281]

Is your father part of a class action suit/If so ,who is the lawyer representing them,you should call them and ask them how they would be disbursing the $$,if your father is alive and if your father has past away?
It is my understanding that after the person past away,the executor will gather his will,list all his assets to be distributed and an application to become the executor to the probate court.
Once the court approves his application to be the executor and the will is valid,it will issue a letter stating so.
The executor then open a bank account in the name of 'estate of so and so,in this case so and so would be your father.
he will then show this court letter to banks,insurance companies,brokerage houses etc wherever the assets are kept and ask them to release the $$ so he can deposit them in the bank account -estate of so and so.
Then he can proceed to distribute the fund according to the will instructions.
Although the account is in the name of the estate,the executor can do whatever he wants ,he can dip into the account to pay bills,pay himself etc.
If you dont like him,trust him etc,then you could file a caveat before he submits all these papers to the probate court.

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Since your father is still alive and he has a lawyer,you could persuade your father to change the will to name you or your sister as the executor.

[Art_diesel]

My dad isnt part of a class action suit. Currently its a suit against the asbestos companies. Years ago the asbestos companies created these trusts that they put large amounts of money so if anyone came forward and had Mesothelioma they would get compensated. Most of the time theres a settlement before it goes to trial. I mentioned the wrongful death lawsuit because if my dad doesnt survive long enough to get the settlement it turns into a wronful death lawsuit.
Your right about the executors duties but ive been reading a lot of stories online where the executor steals from the heirs and basically the decedent. My dad has only known this person for 5 years at the most. It really hurt me that he didnt make me the executor. Just because Im in another state. Plus he thinks i wont split the estate evenly with my sister. The ironic thing is we probably wont get anything period. I pleaded with my dad to change his will and he refused. I told him the potential mistake and risk he was making and he said," well i wont be here much longer so you guys can fight it out!" Im trying to expect that Ill get nothing and Im trying to face the reality of that. Its hard because Ive known my dad for forty years and part of me cant believe he'd want to end things like this but then another part of me thinks that this is really who he is. I just thought he and I were much closer but I guess I was wrong. My dad also has it set up in the will that the executor can rent the house out for as long as they see fit. She could hold onto his house forever and never actually really own it! Also I dont have a say in his funeral arrangements. Thats the real kicker. I have no say in anything and if she has his funeral on the weekend i wont even be able to go! How messed up is that.
I was advised by someone I started talking to from the website ask.com. Shes a lawyer in Florida. She told me I should hire a lawyer there to make sure the exeecutor honors the will. The problem is nobody works on contingency. I cant afford a lawyer but I know just the sale of the house it would be more than enough to pay a lawyer.
Anything I do will be a challenge because I live 9 hours away. Even to appear in court for something would be extremely hard for me to just show up. The executor has all her bases covered. She even had my dad add her to his ban account. Now shes writing checks and quite a few. Just doesnt seem fair. Id like to deal with this person legally if i can.

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Would it cost me money to seek local estate-probate councel? Im not sure if the executor will even file with the probate court. I think she might try to do it under the radar so it will be easier for her to hide things. Would I be able to notify the probate court after my dad dies?

[jsmith281]

AH SO !
So there is a 'she' involved?
Is the executor your father's girlfriend?
Does she want the house or express an interest to reside in the house?
What can come between a father and a son is a woman whom your father has a romantic interest in!
Do you have a copy of the will?
How about your sister,can your sister speak to your father on changing the will?
As for the settlement $$,you need to find out more.
You also should read about caveat.

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I just re read what you said,it sounds like this lady is close to your dad,if your dad will let her rent the house out as long as she wishes and she is adding herself to his bank account and writing checks.
She could be paying the bills for him.
If this is an arrangement your father feels comfortable with,there is not much you can do when he is alive.