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First let's clear up the basics. The court appoints the Administrator and the court generally favors the surviving spouse. The Administrator will settle the estate under the supervision of the court and according to the state probate code.

The answer depends on how the law suit is filed. It can be filed by the surviving spouse as an individual or by the Administrator of the estate.

If filed by the estate, the Administrator will represent the estate in the court action. Any award will be paid to the estate and will be distributed as intestate property according to the intestacy laws in your state. You can check your state at the related question link provided below.

You should consult with an attorney who can review this situation and explain your rights and your options.

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15y ago

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