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ISSUES ARISING IN THE SETTLEMENT OF WRONGFUL DEATH CASES

Wrongful Death cases are generally brought by family members surviving the decedent who died as the result of a personal injury. Generally, there are two components. One is the Wrongful Death action itself. This is designed to compensate surviving family members for their loss of consortium. In addition, there is usually a Survival Claim brought…

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Begley E-Lert – March 6, 2013

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IMPORTANCE OF PROBATE IN WRONGFUL DEATH CASES – PART 2

4. The Process. While the administration of an estate can be complex, the steps are relatively simple. In New Jersey the process is as follows: Probate Will or apply for Letters of Adminstration Inventory estate assets Obtain Date of Death valuations File state inheritance tax return, as required File final income tax return Distribute assets/retitle…

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IMPORTANCE OF PROBATE IN WRONGFUL DEATH CASES – PART 1

In a Wrongful Death case, a personal representative must be appointed to administer the estate, which includes the filing of the complaint for the personal injury on behalf of the decedent’s estate. While this process seems simple, it can be more complicated than what first meets the eye. A number of issues must be considered:…

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