Is there specific language necessary when preparing a Will regarding the dispensation of proceeds from a pending lawsuit?

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Is there specific language necessary when preparing a Will regarding the dispensation of proceeds from a pending lawsuit?

I am in the process of preparing a DIY Will for a friend who is in poor health. My friend is also in the midst of a medical malpractice suit and the attorney representing him in this matter is confident of a favorable and sizable outcome. Is there specific language necessary in the Will to provide for the dispensation of the settlement funds should my friend die prior to the conclusion of the case? Or as I am not an attorney am I just way in over my head on this one?

Asked on November 27, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to establish your friend's intention concerning the Will desired to be created where the medical malpractice could be an asset of it if she dies before resolution is for her to consult with an experienced Wills and trust attorney to advise on the subject and possibly draft the document.

Your friend needs to express the wishes she has for her assets to be distributed to be placed in a proper written document. The best person to do this would be an expereinced Wills and trust attorney.

You need to be aware that should your friend pass away before the medical malpractice action is resolved there is a chance the pain and suffering aspect (general damages) of the claim will also pass with her death under your state's laws.


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