Does a wrongful death claim survive a claimant’s death?

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Does a wrongful death claim survive a claimant’s death?

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?

Asked on June 17, 2009 under Accident Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

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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