March 16, 2025
When there are no surviving family members in a wrongful death case, the distribution of compensation depends on state-specific laws and the decedent’s estate plan. Here’s how it typically works:
Kentucky: If no surviving family members exist, the award goes to the estate. Non-family members may receive compensation only if named in the decedent’s will. Debts must be paid from the estate first.
New York: If no family members survive, the personal representative may retain the settlement or direct it to other family members (e.g., siblings) or non-family beneficiaries.
South Carolina: Compensation follows intestacy laws, prioritizing spouses, children, parents, and siblings. If none exist, the estate inherits the award.
Legal Adoption: Adopted children are treated as biological heirs in most states, while stepchildren without legal adoption typically do not qualify.
Will or Estate Plan: If the decedent had a will, non-family beneficiaries named in it may receive compensation after debts are settled.
State Variations: Laws differ significantly by jurisdiction. For example, Kentucky restricts non-family compensation to will-named beneficiaries, while New York allows broader discretion.
If you need help navigating these complexities, contact Hall & Dixon for expert legal guidance. Their attorneys can clarify eligibility and ensure rightful compensation under North Carolina law.
Read: Can Stepchildren or Adopted Children Recover in NC Wrongful Death Cases?
