Probate Lawyer in Sacramento, CA
A wrongful death claim occurs when someone dies because of the legal fault of another person or entity. Wrongful death claims can involve all types of accidents that could be fatal, including car accidents to medical malpractice to product liability cases. Companies, governmental agencies, or people can be held legally at fault for acting intentionally or negligently. These types of lawsuits seek compensation for the survivors’ loss, including lost companionship, funeral expenses, and lost wages from the deceased.
When a death is going through a wrongful death case, there must be a personal representative selected to manage the estate, as a probate lawyer Sacramento, CA relies on can attest. One of their main duties is to file a claim for the wrongful death case on behalf of the deceased’s estate. This process may seem simple, however, it usually ends up being a little more complicated and it may be a good idea to discuss it with a probate lawyer in Sacramento, CA. Many issues need to be considered, including:
- Who is a the personal representative? When the deceased created a will that named an executor, who will administer the estate and file the personal injury complaint for the wrongful death case, as a probate lawyer in Sacramento, CA can explain. If the deceased died without creating a will, the state will decide who will be appointed as a personal representative. Any beneficiary could be appointed if they have received a rejection from any beneficiary who has an equal or greater right to be appointed. For instance, if their surviving spouse chooses to not be the executor, one of their children would then have the right to act as the executor.
- Who receives the Survival Claim? Once the deceased has created a will, the Survivor Claim would then become part of the estate and is given out to the beneficiaries by the same terms of the will. If there was no will, the estate will be distributed according to the intestacy statute for the state where the deceased lived at the time of their death. Each state differs, however, the amount of each intestate portion depends on the deceased’s surviving family. These amounts to any category vary by state but the categories generally include:
- Parent and spouse but not including any children
- Spouse and children of the surviving spouse
- Spouse and children, some of whom belong to the surviving spouse
- Spouse and stepchildren, children of the surviving spouse but not the deceased’s
- Children of surviving spouse but no other descendants of the deceased
- Taxes of the Estate. Death taxes are also something that will need to be considered in a wrongful death case. Any funds allocated to the wrongful death claim are not eligible to death taxes. Any funds that are allocated to the Survival Claim would be subjected to estate taxes.
- The Probate Process. As a probate lawyer in Sacramento, CA knows, administering an estate can be a complicated process. However, while the process is actually fairly simple, it can be complicated when the financial institutions have a delay in providing date of death values, authorities are slow to audit tax returns, any creditors of the estate have substantial time to file a claim, and the state attorney general needs to have time to review estates that involve any charitable bequests.
For more information about your probate case, contact a probate lawyer Sacramento, CA relies on at Yee Law Group, PC today.