ESTATE EXECUTOR AND MARITAL TRUST TRUSTEE SUE OVER INCREASED ESTATE TAXES DUE TO WRONGFUL DEATH
If you cause me to incur #estate taxes, or higher #estate taxes ……….
Q : Can my estate sue you for damages in a #probate lawsuit ?
#Co-executors of an #estate and the #trustee of a #marital trust sued for #wrongfuldeath in a case which was decided just days ago.
#WRONGFULDEATH LAWSUITS FOR #HEIRS
There was an auto accident which caused a fatality. The #estate of the deceased person, often called a #decedent in #Floridaprobate circles, sued for damages.
In a #wrongfuldeath lawsuit, the #heirs of the victim of a wrongful or negligent act can sue for damages. Technically, it is the #estate of the deceased person who sues. In this case, the #trustee of a #maritaltrust also sued.
Florida has a #wrongfuldeath statute, like most states. When Florida residents die in a #wrongfuldeath case, you
- need to open up a #Floridaprobate
- get someone appointed as #personalrepresentative , or #executor
to administer the Florida estate
- file a #wrongfuldeath lawsuit within the required time frame
- often, if liability is clear, you will get the #floridaprobate court to approve any settlement offer
- with the #wrongfuldeath proceeds or #settlementmoney, you apportion it among the #floridaheirs or survivors
Having a good #Floridaprobatelawyer is important. You want someone who knows how to handle #Floridaestatecases, particularly if the heirs fight over who gets “what”……or how much ?
CAN #ESTATE SUE FOR INCREASED #ESTATETAXES ?
In this new case, the court considered whether the New Jersey wrongful death law permitted claims for money damages by the estate in the form of additional estate taxes paid as a result of the untimely death of the victim.
Answer: No.
#WRONGFULDEATH & INCREASED #ESTATETAXES
John was 97 years old and died in 2008. His #estate had to be #probated and an #estatetaxreturn had to be prepared and filed. Had he survived to 2009, his #estateexecutors and the trustee of his #maritaltrust argue that his #estate would have paid substantially less in #estatetaxes.
The Supreme Court of New Jersey did not buy this legal argument and did not find in favor of the #estate or the #executor.