Q: I'm personal Rep. of my Dads Estate, does his wrongful-death award have to go to the Maryland court for disbursement?

A: Was your deceased father the plaintiff in a wrongful death action for the loss of another family member? If so, then his share of any recovery belongs to the estate, and it gets disbursed as part of the estate assets. If the basis of the award is in fact your father's death in an accident, then his immediate family members (spouse, children, parents) have the right to pursue and recover wrongful death damages, not his estate. His estate has a survivors action, which must be coordinated with the wrongful death claimants. Survival actions are limited to certain types of damages like financial/economic cost (medical bills, property damage, funeral expenses) and compensation for pain and suffering by the deceased person before he/she died. Wrongful death claimants seek compensation for loss of their loved one's support (lifetime financial and emotional), comfort and companionship. All wrongful death claimants must be joined in the action, and court supervision is required if there are minor children with interests, or at least court approval is required to satisfy that all proper claimants have been notified of the action and any award or settlement. All interested persons in the estate (all legal hairs and legatees named in the will) must be notified of the probate proceedings.

A: You should get advice from the attorney who represented you. In some cases part of the award goes through the estate and part does not. The wrongful death award does not get taxed. You may have other recoveries for medical expenses for which a deduction was taken and those would be taxed.