If there are wrongful death proceeds from a lawsuit, how would they be distributed? According to her will?

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an aunt was hit by a vehicle as she was on the sidewalk as a pedestrian in front of a walgreens. the vehicle was leaving the parking lot at the time. she had no husband or children. her sister in law was executor/heir. she has a living sister and several nieces/nephews.

Attorney Answers

8
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Wrongful death proceeds are distributed pursuant to the state statute in effect where a death occurred. I suggest you contact the attorney representing the estate on the wrong death claim, wherever it has been filed.
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Mitchell Portnoi ·
Usually- yes for wrongful death. Please check with an attorney in your state.
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Eliot Wolf ·
Based on the will or by the laws of succession.
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Matthew Hoffmann ·
First of all, sorry for your loss. Based upon what you have posted, the living sister would be the heir, assuming there are no surviving parents or a will specifying otherwise. But I highly suggest you consult with a Nevada licensed personal injury attorney to see if you can get a formal answer to your question based upon all of the facts.
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James Heiting ·
Each state has its own wrongful death statute (law) that dictates who can claim. An experienced Nevada lawyer (assuming this happened in Nevada) is the person to consult. The sister, and any others who think they may be entitled to make a claim, should contact an attorney immediately.
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Philip Fabiano ·
This can only be answered by a lawyer from your state. Let me answer if this was Pennsylvania. If a person is killed due to someone's negligence 2 claims can and are usually filed. One is a Survival Action. This is a claim that does not belong to the "survivors" but rather the claim the deceased person could have brought if he/she lived--the damages are pain and suffering, the economic loss, etc. This lawsuit belongs to the estate and is distributed according to the will if there is one and if there is no will then there is a statute that sort of takes the place of a will listing the priority among family as what order family will share and the proportion. This money is subject to inheritance tax which is not a lot--in Pennsylvania about 4 percent. The second claim is the wrongful death claim. This claim belongs to the "survivors" but not just any survivors--those survivors--family members-- that lost something because of the death. So for example suppose a person had no spouse but two children and no will. If that person died under the Pennsylvania Survival action both children would share equally in the proceeds of a lawsuit. However what if one of those children has not had any contact and has not spoken to the parent for many years while the other had a close relationship and the parent was helping support that child. The "estranged" child would have no interest in the wrongful death claim but would have an interest in the survival action. The estranged child would want all the money to be distributed under the survival action since the child would get something, while the other child would want the money distributed under wrongful death. Again, I suggest you seek the advice of a Nevada lawyer as to how the money will be distributed and to whom since there is not just one way to divide the proceeds.
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