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If a spouse is found guilty of wrongful death are they still entitled to their spouse's estate or does it go to the children of the deceased spouse?
That would probably depend upon the laws of the state you are in.
Where can I go to find a little more information about wrongful death attorneys?
Wrongful death attorneys can be found in any major city. If you check the local newspapers or papers from your nearest big scale city you should be able to locate great wrongful death attorneys with ease.
If a person is convicted of wrongful death charged by his family can they go to jail?
No, because "wrongful death" is not a criminal charge, only a civil charge (a "lawsuit"), and can result in award of money (restitution, etc), but not jail.
Where can you file a wrongful death suit?
A wrongful death suit is normally filed by a family member. If a criminal trial is being pursued, it could go in conjunction with that. If not, it can be done on it's own. It should be filed in the state and county of the actual death.
When does a wrongful death lawsuit go into effect?
When the suit is filed and the opposing party has knowledge of the suit.
Does a federal tort claim settlement go into probate when the veteran passes away?
It would be a part of the veteran's estate. The estate will go through probate.
Where should someone go to find a good wrongful death attorney in their area?
The easiest way to find a wrongful death attorney is to visit the local courthouse. Courthouses typically will have attorney finding services inside, while nearby will be attorney offices. Other ways include contacting a friend's or family member's attorney. Their attorney would be able to refer to a wrongful death attorney. Websites such as Wrongful Death Law also offer attorney finder services.
Who pays back unsecured loans after death Does the bank go after the estate or is the death of the borrower the end of it?
Banks don't give up that easily! They will go after the estate. The estate has to pay off the debts. If the estate cannot do so, they distribute as best they can. If the court approves the distribution, the debts are ended.
Can the parents of a married son file a medical malpractice lawsuit on his death if the wife does or does not file. I failed to mention only son with three grandchildren 11-18yoa in Ohio?
It is possible. This answer first depends on the laws of the state which has jurisdiction over the suit. It then depends on the type of lawsuit it is. Typically, medical malpractice resulting in death is a Wrongful Death action. A Wrongful Death action exists to compensate the dependents of the decedent for the loss of income they would have received during their dependency on the decedent had the death not occurred. The parents of a married son are not dependents, therefore they suffered no loss therefore they have no standing to file a Wrongful Death action. Proceeds of a Wrongful Death action are not payable to the estate of the decedent. However, along with most Wrongful Death actions is what is called a Survivor Action. The Survivor Action is for compensation for the decedent's pain and suffering as a result of the malpractice. Had the decent lived, he would have the right to sue for pain and suffering to compensate him for that. The death of the person does not alter the fact that that action exists, otherwise the doctor would almost be better off if the patient dies than if he lived. The Survivor Action does not die with the decedent. The proceeds of the Survivor Action DO become part of the estate and are available for distribution to the intestate heirs or to the beneficiaries under the will. In the event that the parents are the sole beneficiaries under the will, they would be the ones entitled to the Survivor Action proceeds. The wife would have no standing to bring the action and perhaps not interest in it either. In that situation, the parents could bring a Survivor Action only; but the point is they could file "a lawsuit". In the event that the decedent died without a will, the proceeds would again go to the estate and be distributed to his heirs. Many state laws have provisions that if a person dies with a spouse but no children, then the decedent's parents might also receive part of the estate along with the spouse. Once again, if the wife decides against filing, and if the parents would be entitled to a part of the estate, then they would have standing to file a Survivor Action lawsuit to at least recover their share of the proceeds.
Can a personal representative on an estate file bankruptcy on behalf of the estate or on behalf of the deceased to avoid paying back taxes?
Estates do not go bankrupt. The assets are inventoried and valued and the debts are listed. The executor proposes a settlement to the court. If it is accepted, the estate is closed.
How do you eliminate the debt after death to a spouse?
Get an estate opened. The executor of the estate will deal with the debts and assets. If the debts are joint responsibility, they won't go away.
Do you pay taxes on a wrongful death claim?
I was told on any money you get from a wrongful death suit you do not have to pay taxes on. Because you are being compensated for something you lost and can never get back. However; you should ask a tax consultant to be for certain, like H&R Block is the best ones to ask and they pay for mistakes that they make so go to them and have them do your taxes for you. Its worth the money you spend for them to file for you. :)
