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!
Snyder & Wiles, PC
7731 Main Street
Fogelsville, PA 18051
The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.
Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.
Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.
This Website and its contents are provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.
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.