Estate Creditors Claims Against Wrongful Death Proceeds
Are the proceeds from a wrongful death settlement subject to claims by the deceased’s creditors (ie, credit card or other similar debt)?
Answer: Damages in a survival action under 12 O.S. Sec. 1053 go into the estate where they pass by will or intestate succession. Wrongful death damages under 12 O.S. Sec. 1054 go to the survivors, do not pass through the estate and are not subject to debts of the estate.
If you go to my website www.travislawoffice.com and click on the tab (upper right) "Practice Tips" then under "How to & Samples" click on Sample Appl-Order for settlement of wrongful death." You will find a form for an application and order for the court to find that there is no conscious pain and that, therefore, the court determines all of the recovery should go to the survivors and not into the estate.
Posted on Thu, March 15, 2012
by Sharon Coleman filed under