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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.