Trustee 4 wrg-ful death lawsuit of H- $ split contested by SS's m
My husband died very tragically and suddenly so there was a lawsuit and a small amount of money is available. Some for me as wife also aka trustee, to suggest how to split. All family signed waivers of release so it's just myself and my son and my ss or husb's 1st son. I know I can get $$ back for funeral cost and not sure about other bills (some medical bills for him and me, post death cobra pymts. I'm disabled and relied 100% on my H's financial help and health ins. and cobra is expensive plus a big deductible, other bills we had being married). What's being contested is my suggestion of 50% to myself (initially w/o ask'g for funeral exp's being paid back or other bills) and 50% to the boys; one ours full time the other 9 years older, split equallly. I am disabled and will have to pay for my son for 9 years longer so that is also part of my 50%. It's what the lawyer suggested but the mom of my ss is mad and wants it to be 40 for me and 60 for boys to split equal, so 5% more each boy from what I sugg'd. I will now be asking for funeral exp's and don't know what else the judge will consider for the bills. I'll stick with the 50 to me and 50 split equally. My husband had nothing prior to our marriage, I paid off his CS arrears, taxes and schooling which in turn raised his CS pymts. I did this w/ money from selling a house I had prior. Will the judge support my 50%, esp based on my inability to bring in an income, need to care for a young child for more years and also give me funeral exp's and anything more? Or will judge go in favor of me getting only 10% more then my child and my ss (40% and 60 split to 30/30 each child)? Doesn't a long life together from 33 to likely 80 or longer make it so I would get more then my child and my ss? I'm being fair with the kids but have to think of my future, even though I'm remarried and I know from what the judge will be reading when considering this case, remarriage is not considered against me. I wouldn't be remarried if he had lived, we were HS sweethearts w/ a beautiful love story. The other mom made my husband jump hoops to see his son, called him a bad father and her husband was way more of a father then he was. She has never had any praise or anything good to say to him and he himself said, "I am CS to her and nothing else" now she's acting as if he walked on water and her son is missing something that she herself only walked all over and my ss even said to his step g-ma "my mom hates my dad". How can I bring this up in court or does that make me look bad? I have emails to prove her attitude and how she crushed him as a father and made her son a carrot for my H to chase. Some say the fact she's bringing a widow to court that's as sick as I am for a piddly amount will show the judge something and maybe the judge will recommend 80% to me? Anyone w/ exp. in this??