Seminole, FL asked in Wrongful Death for Florida

Q: What if my stepfather dies from a wrongful death, and my mother(wife) files a suit, she pass who gets the settlement?

My stepfather died for wrongful death. My mother which is his wife passes away. Who is gets the settlement?

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1 Lawyer Answer
David Hughes Harris
David Hughes Harris
Answered
  • Venice, FL
  • Licensed in Florida

A: If the surviving spouse was appointed Personal Representative ("PR") by the Probate Court, then a new PR must be appointed. Generally, the Estate's beneficiaries will receive settlement funds once the Estate's creditors are paid. You should check with the attorney handling the death case and the probate attorney (if different from the wrongful death attorney) representing the Estate regarding next steps.

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