Does wrongful death winnings have to be split between spouse and child?

My dad was getting divorced the day after he had his car accident. He died 4 days later due to negligence at the hospital. We are looking at pursuing a wrongful death lawsuit. My dad and his wife had been separated for 1 1/2 years and did not live together. She isn't my real mom. I have general power of attorney and healthcare power of attorney on my dad. I'm also the executor and beneficiary of his estate. Do I have to let the former spouse know about the wrongful death lawsuit?? She is legally crazy. Multiple personalities and bipolar disorder. I don't want her knowing any of these because she'll try and get her dirty hands on everything she can.Does wrongful death winnings have to be split between spouse and child?
Rules on this vary form state to state. You better get an answer from a lawyer in your state before you do anything. If she has a valid claim to any part of your husband's estate (some states require a certain portion to go to the wife) and you bypass her, it would really, really suck to be you. She could have a claim to you for both her portion AND punitive damages.





In any case, you should look at getting a lawyer for the suit. It needs to be investigated, and evidence needs to be preserved. (It has a way of vanishing, if you know what I mean!)





Also, if the accident was the fault of another driver, you will also have a case against him or her.Does wrongful death winnings have to be split between spouse and child?
yes, since they aren't legally divorced yet. however, ou probably won't have to share the money with her.
I am very sorry for your loss. I'm sure this is a difficult time for you. But don't worry too much about the ex-wife. If they were legally divorced, she has no right to his estate unless he left her something in a will after they were divorced and before he died.





If you want to cover your bases you should definitely get an experienced licensed attorney who deals in the area of personal injury and probate matters.





Edit: I'm sorry, I didn't realize they were still married. You will definitely need to hire an attorney because unfortunately if they weren't divorced yet, she technically is still his spouse. A lawyer in your jurisdiction can sort out all the options you might have.





The most realistic outcome will be that she gets half and you will get half if you have no other siblings.





Because you would be suing the other driver on behalf of the estate, the money would be awarded to the estate and everybody who is entitled to the estate would most likely get to collect from that.
The answer varies by state, but your answer is ';probably not';. In a minority of states, the separated spouse would be entitled to a statutorily prescribed portion---usually 100%, 50%, or 33%--the remainder going to the kids.





In a majority of states, the court would look at the date of separation to determine whether the soon-to-be ex-wife has an interest. In California, for example, the wife would not recover a cent (provided their separation could be proved).





Do you have to let them know? Again, the answer varies by state. In California, based on the little bit of information that you have provided, you would not have to tell the wife.





Most personal injury lawyers give free consultations. You would probably do well to set up an appointment to speak with someone who is familiar with your state's laws.