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Do you have to reopen an estate on a wrongful death settelment, Only child. If so why. Can Medicaid/medicare make claim if heir

Salyersville, KY |

Wrongful death settelment, Only heir is adult son recently on disability with MS. The estate was closed, Does it have to be reopened if so why. And does Medicare/Medicaid have a claim even though he is disabled?

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Attorney answers 4

Posted

There are certain parts of your questions I do not understand. If a wrongful death lawsuit was filed that means an estate was opened. A dead person cannot file a lawsuit. It is filed through a wrongful death lawsuit which requires the opening of an estate. The estate brings the claim. A wrongful death claim must be approved by the court so it will need to be open in order to get court approval. Money received by someone on disability may affect eligibility for continued benefits.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

Posted

Sorry but clarification is needed to answer your post.

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Posted

Too complicated to give you an answer with the limited information.

Posted

More information is needed to answer this question. That said, here in Texas the wrongful death claim is not an estate claim. Typically The wrongful death claim belongs to the individual wrongful death beneficiary. In most states there is a statute that spells out who can claim under wrongful death. Secondly, when you receive any settlement monies there is always a possibility that need baseed governmental benefits could be affected. My suggestion is that you really need to discuss this with a KY wrongful death attorney who is familiar with KY wrongful death law.

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