Distribution Among Family Members

Two kinds of recovery are often involved after a death. An estate or survival claim generally covers harm the patient suffered before death and becomes part of the estate, which is distributed under a will or state inheritance rules. A wrongful death claim generally compensates certain family members for their own losses, and state law usually decides who those relatives are. Because these claims can follow different rules, money from each may go to different people. Your attorney can explain which types of claims apply and how your state treats each one.

Many states give priority to a surviving spouse and children in wrongful death recoveries, with parents or other relatives considered in some situations. The details vary widely by state. The person appointed to represent the estate typically handles the legal steps, signs documents and receives funds, but that person is not free to divide money however they wish. In some cases, a judge must approve the allocation, especially when minors are involved. Understanding these roles helps family members know what to expect and who to ask when questions come up.

Money and grief together can strain even close families. Clear communication helps. Many families find it useful to agree in writing on how a recovery will be shared, where state law allows that flexibility, and to keep everyone informed as payments arrive. The estate representative should keep careful records of all money received and paid out. If relatives disagree, raising concerns early with the attorney or the court is usually better than waiting until money has been distributed. Some families also use a mediator to reach agreement calmly.

1. 1

   Confirm who has been appointed to represent the estate and how that appointment is documented.

2. 2

   Ask your attorney which family members your state's wrongful death law includes.

3. 3

   Put any agreement about sharing a recovery in writing and keep copies for every relative.

4. 4

   Ask whether a court must approve the allocation, especially if minors are involved.