Best to pose the question to the lawyer who is doing your will. Should you now include it, then it is an assett that will pass according to the general residual clauses most likely. On the other hand, if you want the money split differently then general proceeds of the state, then you shold say so in the will.
Estate would take over. The key to maximizing the case is retaining a top-rated personal injury lawyer with a low contingency fee, less than 30%, so you don't get hurt twice. I hope you didn't find your lawyer on tv or from an ad on the side of a bus, or you'd better get a good lawyer.
Yes, you should include it if you want the proceeds to go to particular people. Otherwise, it will go into the general estate to be distributed as your will dictates (e.g., I want 50% to go to Joe and 50% to go to Sam)
This is general advice and does not establish an attorney-client relationship.
You obviously are a very strong person under the circumstances dealing with a terminal condition but yet having the forward thinking of preserving your Estate for your loved ones. I wish you the best and I hope things resolve in your favor for the best and with the least amount of stress on you.
As for your settlement proceeds, you must include it in your Will if it is going to be a specific bequest to a certian person. If it is however to be divided equally among your surviving beneficiaries already mentioned in your Will through your residuary Estate then you do not need to mention it. After your passing, if the personal injury case is not settled, the Personal Representative and/or Executor of your Estate will step in as the Plaintiff.
Best of luck to you!
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If you have a Will with a residuary clause, the lawsuit will be covered. If you do not have Will, the the proceeds will go to your estate. If you do not have a Will you should make a Will and be sure to include the proceeds of the lawsuit. You should definitely discuss this with the lawyer handking your lawsuit if you have not already done so. There may be some things he can do if he knows such as request a special listing to get your case to trial sooner. Also he may be able to help you with the making of a Will.
The other answers are all well stated. You just need to talk with an estate attorney. I however wanted to share my condolences for your situation. I hope you are able to resolve your question quickly so you don't have to stress over it during what should be a calm time for you.
For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.