Do my brothers and I have any claim to my dead fathers agent orange settlement?

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My father passed away 2years ago and his wife is now going to receive a va settlement for agent orange. At the time of his passing they were separated and in the process of a divorce however he passed before proceedings began. He did however have a lawyer and had filed. He had filed a new will naming me executor of his estate, however his estate is now closed. (there was really no estate to speak of) would we have any claim to the settlement?

Attorney Answer

1
James Frederick ·
I am not sure anyone will be able to answer your questions here, based on the limited facts provided. What kind of settlement was this? Was there a wrongful death lawsuit or did the VA simply issue a check? There are spousal VA benefits and it could be that she was entitled to whatever she received. If there WAS a lawsuit, you should have received notice of it and had a chance to make a claim. I would suggest that you meet with a lawyer and explain all of the facts and determine what, if anything, can be done. James Frederick
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