Published by Carabin Shaw – San Antonio Personal Injury Lawyers – Wrongful Death

Personal Injury Lawyers: What is an Estate?

An Individual’s Estate in Relation to a Wrongful Death Case in Texas

Several states have different ways of treating wrongful death actions and the distribution of recovery, whether through the estate or to the individuals bringing the actions. Knowing how and to whom to distribute estate assets and wrongful death recoveries can be a complex process. The attorneys at Our Law Office have substantial experience in bringing wrongful death claims. We have a record of success with these claims, and we also have considerable experience distributing their proceeds. Knowing who is entitled to what in a wrongful death recovery is part of the process to ensure that the victims are fully compensated. Call our San Antonio Wrongful Death Lawyers now!

Individual’s Estate

An individual’s estate is created at the time of their passing. It is essentially a legal entity in its own right, including the deceased’s property, whether real or personal, owned at the time of death. It is designed to account for all the deceased’s assets and pay all the deceased’s debts with those assets. After this time, any remaining assets will be distributed to the deceased’s heirs. An individual’s estate generally goes through probate, which is essentially a process to tie up any loose ends left by the deceased. It is here that the deceased’s creditors may present their claims for reimbursement of amounts owed to them. Estates will have an executor who will oversee the distribution of the estate. Time is of the essence get in touch with our Wrongful Death Lawyers in Laredo Today!

If the deceased was the owner of a life insurance policy that did not name a beneficiary, the proceeds of the life insurance policy would also be distributed through the estate of the deceased. If the life insurance policy named a beneficiary, the proceeds of the policy would be distributed to the named individual.

Who Can Bring a Wrongful Death Claim?

In Texas, a wrongful death cause of action can be brought by the family members of the deceased. The family members who are generally able to recover for the wrongful death of one of their family members are generally the parents, children, and spouses of the deceased. Some states only permit the executor of the deceased’s estate to bring a wrongful death claim on behalf of the family. The family members and other individuals named in the will do not have the right to veto a settlement agreement, although the court is required to approve it.

Who Can Receive Benefits?

Unlike some states, Texas distributes the benefits from wrongful death causes of action to the individuals who brought the claim, not to the beneficiaries named in the estate. The debts of the deceased will not hinder your wrongful death recovery.

Texas Survival Statute

The Texas survival statute differs from a wrongful death claim. This statute allows an estate, heirs, or legal representative to bring a survival action. This is different because the suit seeks the damages that an individual would have recovered for their injuries had they survived. While wrongful death claims seek damages that the people asserting claims lost, such as love and affection, lost wages, and lost future earning capacity. The damages that would be sought in a survival statute claim would be things such as lost wages, medical bills, property damage, funeral expenses, and the like. Any recovery under the survival statutes will be disbursed to the estate rather than any individual. These recoveries will be subject to the debts of the deceased and will go through the probate process as with the rest of their assets.

Did You Know?

Our wrongful death attorneys have won thousands of cases. Call us today to discuss your case.

If you have a wrongful death action, you need an attorney who knows how to work with the estate of the deceased. The attorneys at Our Law Office have a world of experience in these claims, we know how to recover for your claim and who should be compensated afterward.

If you want representation that produces results, contact Our Law Office to schedule your free consultation.