Who gets wrongful death proceeds in Palm Beach probate? splitting Florida wrongful death proceeds in Palm Beach
Are you involved in a Palm Beach probate where there is a wrongful death lawsuit Florida? Who inherits the wrongful death proceeds Florida? How does the wrongful death money get split in a Palm Beach estate or probate? Consider reading this March 25, 2015, Florida appeals court case from West Palm Beach’s 4th District Court of Appeal.
Can I get a greater share of the wrongful death proceeds in a probate?
- Who inherits wrongful death money in a Palm Beach probate?
- Which family members get the wrongful death funds if the executor of the will or thepersonal representative is the one suing?
- Doesn’t it go to survivors and a widow and any minor children?
- Isn’t there a wrongful death statute in Florida wrongful death law?
What if the probate has not money?
- Who inherits the wrongful death proceeds and does it matter what the Florida will says?
- Although a wrongful death lawsuit Palm Beach must be brought by the estate, actually, by the personal representative of the Florida estate, the wrongful death money or funds goes to the survivors.
- Be careful.
- There is a probate law Florida which permits estate beneficiaries to agree to adjust their share of the inheritance. 733.815 Florida probate code.
- BUT…. agreeing to share an inheritance from the estate is different than sharingwrongful death proceeds from the wrongful death lawsuit.
- The survivors get the money from the wrongful death lawsuit.
- Estate beneficiaries inherit the estate.
- Keep both “buckets of money” in mind.
- And consider reading Pitcher v. Waldo, from the 4th DCA, 40 Fla. L. Weekly D 726
- Wrongful death money does not become part of the Palm Beach probate estate.