My lawyer just settled my personal injury lawsuit, is my spouses name required as one of the payees?
filed a personal injury lawsuit four years ago. my lawyer just informed me that they settled. I received a "General Release" form in the mail for me and my spouse to sign. My spouse isn't the one who filed the lawsuit, and my concern is that her name will be on the check as one of the payees.
Answers:
Generally, if you were married to her at the time of the accident and are still married to her now, the insuring company will want her name on the check.
The exception is when the statute of limitations on her filing an individual claim has expired.
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Yeah, I agree, ask your lawyer. Thing is, there are a couple of sides to the question. Technically, if she was not a party to the lawsuit, her signature shouldn't be required. But if your state has community property laws, if might be required. And the release is to make sure she doesn't go back later and file a suit on her own behalf for the effects of your injuries.
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