If my mother was killed in car accident and as both her executor and daughter I filed a wrongful death suit, does that money have to go through probate?

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If my mother was killed in car accident and as both her executor and daughter I filed a wrongful death suit, does that money have to go through probate?

Asked on August 11, 2011 Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The answer depends upon what any judgment money collected upon or settlement money paid is for. Meaning, if you personally filed suit for your own loss of your mother as her daughter as part of the wrongful death suit on behalf of your mother's estate, the money you receive if any individually for your own personal loss belongs to you and is not part of your mother's estate.

However, if your mother's estate actually receives money as part of the wrongful death lawsuit for burial expenses, medical bills, health care and the like, this money paid or received would be money which would be part of your mother's estate to be divided up amongst its beneficiaries.

The wrongful death action on behalf of your mother's estate would be an item subject to the probate of any will that your mother had and resulting court order.

Good luck.


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