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Who has jurisdiction of WC claim ending in death if it was filed in PA but claimant resided in NC at time of death?
Anonymous5 views5 answers
My father had an ongoing WC claim in PA. He moved to NC a year ago, but came to PA to get medical treatment. He died from complications from a surgery as a result of his injury. He had an attorney working on his claim. He had a wife, two minor children with her, then two adult children. The wife & minors live in NC, and we live in PA. If any final settlement is given, does it go to his spouse directly or to his estate? Anything over $40,000 should be put in his estate, correct? He died intestate. We would just like to be sure that she will handle any settlements legally.
Adam M. StarrMedical Malpractice AttorneyMarlton, NJ ·
Your question is a good one and requires a thorough review by an attorney familiar with the law concerning wills and estates. Much of what you are wondering is fact-specific and governed by state law. I would consult with someone sooner rather than later to get some answers prior to any disbursements taking place. Good luck and I'm sorry for your loss.
I'm sorry to hear about your loss. Over the death claim itself, pennsylvania. Over the distribution--North Carolina except that Pa. Law may govern who gets what for the death benefit. Note that you will want to ask your father's attorney if there is any "third party" case given the serious nature of the injury.
Some one has to petition a court to raise an estate. His last residence was in moth Carolina do his wife has the right to raise his estate there. The check from any workers comp case will be paid to the estate and the monies will be distributed according to the intestacy laws of North Carolina.
