Legal Question in Wills and Trusts in California

Re: wrongful death settlement separate property?

A wrongful death case is not brought on behalf of the estate in California. One can bring an action on behalf of the estate, but recovery is limited to economic loss to the estate (no pain and suffering or compensation for loss of life.)

The wrongful death case belongs to the heirs, the spouse and the children. If the spouse is remarried when he or she receives the settlement, or if any of the children are married, the proceeds from settlement are that spouses and child's separate property, unless the recipient transmutes the nature of the property to community property either by an explicit gift to the community or by an implicit gift resulting from the comingling of these assets with community assets.