Q: My son has a settlement from a auto accident. He past away before he could collect. What do i,his father do to collect
A:
Generally an estate must be opened for the person who died. The Personal Representative is the person appointed by the court with power to deal with any estate issues, including collecting any payment due to the person who died. The Personal Representative must also disburse in proper order after paying administrative costs and any debts owed.
Estates for people who die without a Will get disbursed under the laws of intestate succession. (who gets this depends on if the child was married/single and with or without children). Assuming the child was unmarried, with no children of his own and had no Will, the laws of intestate succession would split between the parents.
I am sorry to hear of your loss and encourage you to consult with an estate lawyer with any questions about opening up or administering an estate.
A: The claim is now an asset of your deceased son’s estate. You need to open an estate, be appointed Personal Representative ofvthe estate, then retain a personal injury lawyer to make the claim. Only the PR of the estate can sign and deposit any settlement check. The proceeds are then distributed to your son’s heirs.
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