What to do about a lawsuit settlement received after a person dies?
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What to do about a lawsuit settlement received after a person dies?
My mother passed in 2005. We just received a check in her name for money owed to her through a medical litigation. Are we entitled to keep it?
Asked on December 28, 2010 under Estate Planning, Arkansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Well, yes, you may beentitled to keep the proceeds but they must go through probate. Did you have a probate proceeding for your Mother? In other words did you file a proceeding and was there a Personal Representative appointed for her estate? You would then have to re-open the estate in order to process the check through it. If your Mother had a Last Will and Testament then these proceeds would most likely be covered by the residuary clause: "the rest, residue and remainder of the estate is distributed as follows:" or something along those lines. The check may also have to be re-issued to The Estate of your Mother. Seek help with all of this. Good luck.
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