Does a wrongful death claim survive a claimant's death?
Question Details: My stepfather, sister & I filed a wrongful death claim & won. Stepfather passed away before it went to court. Does his part of the settlement survive his death, going to his estate? Or does his part go to sister & I?
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I'm not quite sure of your facts. You say you won but it has not yet been to court. Anyway, his share would go to his estate. It will pass according to the terms of his will if he had one. If he didn't, it will pass according to the intestacy statutes (ie laws governing how a person's assets are distributed if they die without a will), of the state of his residence at the time of death.
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