In a wrongful death settlement, do the beneficiaries have to receive proceeds within 30 days of filing approval?

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In a wrongful death settlement, do the beneficiaries have to receive proceeds within 30 days of filing approval?

Had a wrongful death case settled on
March 8th, fiduciary is saying she has
90 days to give us the check, but the
court filing says 30 days. Does she
have hand out settlement award by
April 7th? Thank you

Asked on March 24, 2018 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no time period for payment of a settlement set in the law: by definition, with a settlement (a voluntary agreement between the parties to resolve the case), it is whatever payment terms or schedule the parties mutually agree to. If the settlement document (the "court fiilng") says 30 days, then they have to pay within 30 days: that's what was agreed.


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