Does it matter if the children were not dependents? Not sure if that throws a wrench into things with several baby mommas and some children being claimed and others not? It's going to get ugly and Blake will be the one making the money.

 

Since it's an inheritance thing I would think it would not matter about being a dependent.

Not set by wrongful death statute; the distribution of the award is governed by Ohio's inheritance laws.

 

However, the wrongful death statute does have these three terrible sentences:

 

"The court that appointed the personal representative, except when all of the beneficiaries are on an equal degree of consanguinity to the deceased person, shall adjust the share of each beneficiary in a manner that is equitable, having due regard for the injury and loss to each beneficiary resulting from the death and for the age and condition of the beneficiaries. If all of the beneficiaries are on an equal degree of consanguinity to the deceased person, the beneficiaries may adjust the share of each beneficiary among themselves. If the beneficiaries do not adjust their shares among themselves, the court shall adjust the share of each beneficiary in the same manner as the court adjusts the shares of beneficiaries who are not on an equal degree of consanguinity to the deceased person."

 

There's no telling what that means.

 

Translation - if the kids can't come to an agreement the court gets to decide how to divide the money.

 

The age of the children and impact of loss are key factors the court can use in dividing the money.

Not set by wrongful death statute; the distribution of the award is governed by Ohio's inheritance laws.

 

However, the wrongful death statute does have these three terrible sentences:

 

"The court that appointed the personal representative, except when all of the beneficiaries are on an equal degree of consanguinity to the deceased person, shall adjust the share of each beneficiary in a manner that is equitable, having due regard for the injury and loss to each beneficiary resulting from the death and for the age and condition of the beneficiaries. If all of the beneficiaries are on an equal degree of consanguinity to the deceased person, the beneficiaries may adjust the share of each beneficiary among themselves. If the beneficiaries do not adjust their shares among themselves, the court shall adjust the share of each beneficiary in the same manner as the court adjusts the shares of beneficiaries who are not on an equal degree of consanguinity to the deceased person."

 

There's no telling what that means.

Nightmare.

How are wrongful death awards distributed in Ohio? In Kentucky, it's pretty simple. By statute, a surviving spouse gets 1/2 and surviving children spilt the other 1/2. If no spouse, children get all. If no children, spouse gets all. This distribution scheme overrides any Will or inheritance laws (if there is no Will).

 

I don't know how it works but this article had a breakdown and what they are fighting over

 

Sam DuBose's parents seek larger shares of settlement money - Story

 

CINCINNATI – A judge was hearing testimony from family members of Samuel DuBose Wednesday during a probate hearing to determine how family members will split up a $5.3 million settlement.

 

DuBose, 43, was shot and killed by Ray Tensing, who was then a University of Cincinnati police officer, July 19, 2015.

 

In January, DuBose’s family agreed to a settlement with the University of Cincinnati for $4.85 million and free tuition for his children. Nearly two-dozen people have filed claims on the estate, including DuBose’s parents, children and other relatives.

 

The settlement calls for DuBose’s mother, Audrey, to receive 5 percent of the money. She wants to double that to 10 percent. Her attorney, Lindsay Lawrence, said Audrey DuBose "will continue to endure" grief, pain, suffering and mental anguish because of the way her son died.

 

"Miss Audrey is a mother who has witnessed her son being fatally shot by a police officer," Lawrence said. "She wasn't just told that her son was shot -- she actually had to witness the progression of events played out on videotape."

 

Also, DuBose’s father, Sam Johnson, wants more than the 1 percent listed for him in the settlement. He said he believed he should receive a larger portion because they were close.

 

"I just think it should be equal, because I was in my son's life," he said. "But I'm not asking for $500,000."

 

DuBose’s 13 children – including one adopted child – would divide the remaining amount.

 

This was not the first dispute in DuBose’s estate. Even before the settlement with UC, his parents disagreed over who should control his estate. In November, a judge appointed DuBose’s 18-year-old daughter as the administrator.

 

In court Wednesday, DuBose’s aunt, Rosalyn Christian, said she didn’t like seeing the family fight over the estate.

 

"For us to be in here fighting about some money is ludicrous," she said.

 

DuBose family attorney Mark O'Mara said it was "where you see good people at their worst."

 

"The problem with it in probate court is, you're trying to deal with an enormous amount of grief and the only real currency you have are the dollars, and that brings out the worst of circumstances and, therefore, the worst in people," he said.

 

In addition to the money and tuition, the family’s settlement with UC included an "appropriate memorial commemorating Samuel DuBose" on UC's campus, a formal apology issued by university president Santa Ono, and an invitation for the DuBose family to take part in UCPD's Community Action Council to help aid campus police reform.

 

Tensing, the ex-officer, was charged with murder and voluntary manslaughter, to which he has pleaded not guilty. He’s also facing a federal civil suit from DuBose’s family members.

TOTAL FIASCO!!!

How can someone father 13 kids? OMG

How can someone father 13 kids? OMG

 

Paging Shawn Kemp.

Bc there is no concept of family. They're allowed to believe that it's normal to father children without being a dad. And the women may mind but know the more Kids they have the more free money they get.

This whole thing is a joke. What's a memorial on campus going to do? Celebrate a dead beat dad who was, imo, unjustifiably shot to death in a horrible tragedy? He had nothing to do eithe university.