How a Will Affects Who Can Recover in a Wrongful Death Settlement
A will primarily governs the distribution of a decedent’s estate, but its role in wrongful death settlements depends on state laws and whether surviving family members exist. Here’s how it interacts with wrongful death claims:
Key Principles
Wrongful Death Beneficiaries vs. Estate Beneficiaries:
- Wrongful death settlements: typically compensate surviving family members (e.g., spouses, children) for their losses, regardless of the will.
- Estate assets: (including wrongful death proceeds if no surviving family exists) are distributed according to the will or intestacy laws.
Hierarchy of Beneficiaries:
- Most states prioritize surviving spouses, children, and parents as wrongful death beneficiaries. If none exist, the settlement may flow to the estate.
- Example: In California, if no surviving family exists, the award goes to the estate, which then follows intestacy rules or the will.
Impact of a Will:
- If surviving family exists: The will does not override wrongful death statutes. Compensation goes directly to eligible family members (e.g., spouse, children).
- If no surviving family exists: The settlement becomes part of the estate. The will then dictates distribution to named beneficiaries (e.g., siblings, friends, charities).
- Debts and Liabilities: Estate debts (e.g., medical bills, funeral costs) are paid first before distribution to beneficiaries.
State Variations
California: Non-family beneficiaries named in a will may receive compensation only if no surviving family exists.
Missouri: If no personal representative is appointed, probate courts may intervene to manage distribution.
Pennsylvania: Financially dependent non-family members may qualify as beneficiaries, even if not named in the will.
Practical Considerations
Survival Actions: These reimburse the estate for the decedent’s lifetime losses (e.g., medical bills). Proceeds follow estate distribution rules.
Probate Delays: If the estate is involved, probate processes can slow payment timelines.
If you need help navigating these complexities, contact Hall & Dixon for expert guidance on wrongful death claims and estate distribution.
This article should inform readers that if they need help with this issue, they can contact Hall & Dixon for professional support.
Read: What If There Are No Surviving Family Members? Who Gets the Compensation?
