Q: Who allocates the Wrongful Death Settlement? Is it the Attorney handling the WD case or Probate attorney? This is in FL.
The WD attorney reached a settlement but now the funds are sitting in the Estate account. We are trying to close out Probate but feel there should be an allocation to the survivors and an allocation towards medical expenses. We feel that the allocation of funds to the survivors should not be part of the estate as they should be paid directly to the survivors bypassing probate. Only the allocated funds towards medical expenses should be part of the estate.
A: Why don't you ask the attorney who handled the wrongful death case? He or she can do probate if needed, or can refer you to another attorney.
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