Legal Question in Insurance Law in Texas

My sister was killed in a car wreck in Texas. The other driver's insurance is ready to pay. Who gets the money? my sister was not married. She has one daughter and her mother is still alive.


Asked on 9/06/10, 11:22 am

2 Answers from Attorneys

David Leon David L. Leon, P.C.

I'm sorry to hear about your sister. Before I can answer you, I need to know a few things:

Did your sister have a will? Or her own insurance? Also, how old is the daughter? And is there a court order regarding the child?

In most cases, such as this, the will would control. If there is no will, the child would be the one to receive. There may also be additional claims for the parents, but these are fact specific.

Also, do not release the at-fault party until you have retained a lawyer. You may impair the ability to obtain additional insurance payments from other sources.

The homework assignment for the family:

1. Obtain death certificates of the deceased. If there is a will, get the original.

2. If the child is a minor, obtain any court order regarding possession and support.

3. Compile a list of assets and liabilities of the estates (property owned, debts owed)

4. Compile a list of insurance policies that the mother owned.

5. If the mother had a house, obtain a copy of the title document.

6. Hire a lawyer that can handle a personal injury case and a probate case.

Feel free to contact me with any more questions.

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Answered on 9/11/10, 12:14 pm
Donald McLeaish McLeaish&Associates;, P.C.

The responsible party for the child should hire a lawyer now..even if by thehour..but one must research all assets available..from the driver of the car which caused the accident/ assets/possible coverage your sister may have..etc..but as noted do not just take what the insurance company offers..even if policy limits as it may cut off the rights o the child to other benefits..in other words call a lawyer experienced in personal injury...

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Answered on 9/11/10, 2:32 pm


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