QUESTION
Would a civil suit settlement for a deceased person go into their estate to be divided among remaining heirs?
Asked on Nov 18th, 2013 on Estate Planning - Colorado
More details to this question:
If a civil case ends up in a settlement for the plaintiff who is deceased, how does that get distributed? To the spouse only? To the estate and then to spouse and heirs?
13 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. In the case of a wrongful death, it is possible that the settlement could by-pass the estate entirely, and go to the heirs. If the parties can agree on this, then the judge would generally approve it. This is especially in cases where there is no conscious pain and suffering. In other instances, it can go to the decedent's estate. This is generally less favorable for most of the parties and it is best to agree on a distribution, in order to avoid probate costs.
Answered on Nov 19th, 2013 at 4:42 PM
Edwin K. Niles
Estate, without other facts.
Answered on Nov 19th, 2013 at 4:41 PM
2 Awards
It belongs to the ESTATE so whomever is entitled through the will, trust or intestate succession will be entitled to the settlement monies.
Answered on Nov 19th, 2013 at 1:20 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Depends on whether the suit is settled and money is paid prior to the person's death, or whether a personal representative is appointed to carry on the suit.
Answered on Nov 19th, 2013 at 1:19 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Settlement goes to the estate, unless the settlement says otherwise.
Answered on Nov 19th, 2013 at 1:19 PM
Thomas Edward Gates
The settlement would go into the decease's estate and be distributed per their will.
Answered on Nov 19th, 2013 at 1:19 PM
It will go to the deceased person's estate. The amount of the settlement that is offered will be less because there is no future medical bills or pain and suffering. If the settlement is reached before the person dies such reduction will not occur.
Answered on Nov 19th, 2013 at 1:19 PM
Depending on state law, it would probably go the whoever inherits the "remainder" of the estate unless it is specifically mentioned and bequeathed in the will.
Answered on Nov 19th, 2013 at 1:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the will, or the laws of the jurisdiction where he died.
Answered on Nov 19th, 2013 at 1:18 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If it is a wrongful death action, it is in the name of the heirs. If it is in the name of the decedent and it is for personal injury, it should be dismissed with no recovery. If it is anything else, it probably goes to the estate.
Answered on Nov 19th, 2013 at 1:18 PM
Probably to the estate. It depends on your state law, but most courts would rule that the funds go into the estate to pay bills and be distributed according to the will if there is one.
Answered on Nov 19th, 2013 at 1:18 PM
Normally the settlement proceeds are paid to the estate of the deceased.
Answered on Nov 19th, 2013 at 1:17 PM
3 Awards
It depends upon the claims. Speak with your attorney.
Answered on Nov 19th, 2013 at 1:17 PM