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Who should receive awarded wrongful death benefits if spouse is deceased also.?

the families executor is holding up payments to them what should we do about this or what can be done .?

Crossett, AR -

Attorney Answers (5)

William J. Driscoll

William J. Driscoll

Wrongful Death Attorney - Louisville, KY
Answered

The distribution of wrongful death proceeds is controlled by state law. You should call an attorney licenced in AR, and also ask if a motion can be filed to compel distribution. There usually is not any reason to wait, unless the estate is waiting on a response from Medicaid or Medicare about the existence / amount of a lien.

Claude Armand Wyle

Claude Armand Wyle

Wrongful Death Attorney - San Francisco, CA
Answered

I can answer that in California, wrongful death benefits follow the law as it sets forth intestate succession. Put more simply, if someone were to die without a will, the law sets forth who gets what and in what order. In California, those able to claim under our wrongful death statute are the same and in the same order as if this were a person who died without a will. If someone is a member of family (blood relative) and is being supported by the decedent, this also helps in California. I would immediately get an experienced wrongful death attorney to represent your interests. If there is one attorney for the whole family, you will all have to waive the conflict of interest, as an attorney can only serve one master. Good luck, Claude

David Hughes Harris

David Hughes Harris

Wrongful Death Attorney - Fort Myers, FL
Answered

You have phrased a very general question, so I will t to help guide you in the right direction.

A wrongful death claim exists by statute in every State, and often just creates the cause of action to hold the negligent party liable for the death. Estate law often governs how estates are created, who is appointed as executor or administrator of the estate, and how any money or assets in the estate are to be distributed.

Often (and your State may be different), estate law holds that children of the deceased parent are the beneficiaries when there is no surviving spouse. When there are no children and no surviving spouse, some States identify the beneficiaries as surviving parents, surviving siblings, etc.

Please also be aware that payment of estate assets, to creditors and beneficiaries, must often be approved by the probate court (or court having jurisdiction). This means that an executor often does not have the power to distribute estate funds as he or she deems fit. Instead, court oversight and approval of the distribution is often required, and this can sometimes create delay in distributing funds.

If there exists reasonable grounds to believe that estate funds are not being appropriately managed, then a motion or petition in the probate court (or whichever court oversees estate administration in your jurisdiction) outlining the claims can be filed. Consulting a local estate lawyer is probably the best bet.

Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

James Otto Heiting

James Otto Heiting

Wrongful Death Attorney - Riverside, CA
Answered

It sounds like there is an estate set up that will control the funds. If so, the answer lies in the probate court through distribution of the estate. A probate attorney in the area should be consulted. The probate courts control distribution of an estate in probate.

James Otto Heiting

James Otto Heiting

Wrongful Death Attorney - Riverside, CA
Answered

It sounds like there is an estate set up that will control the funds. If so, the answer lies in the probate court through distribution of the estate. A probate attorney in the area should be consulted. The probate courts control distribution of an estate in probate.

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