Legal Question in Wills and Trusts in Michigan

Re: Wrongfull death

In a wrongful death case, the people who would ordinarily inherit are entitled to notice. A hearing is held to approve the settlement and determine how the proceeds are distributed. This is performed by the circuit court judge. If this was not done, get a lawyer who will motion before the circuit court judge and point out the impropriety. The distribution at that point could very likely be altered. It may be difficult to get back the money at this point.

Re: Wrongfull death

Hello, I have received a copy of your e-mail regarding settling a wrongful death claim. There are really too many questions and missing information to accurately respond your concerns. I will try to give you some general information but you really should contact an attorney and discuss this case.

A Power of Attorney ends with the death of the person giving the power. Therefore no one is able to settle a deceased's claims with only a Power of Attorney.

A probate estate should have been opened and a Personal Representative appointed by the Court. There is a specific hierarchy of relationships establishing who should get appointed. The Personal Representative is the person who has the authority to settle the case for a specific total amount.

There are 2 types of damages that can be claimed as a result of a death case. The first is for damages that have hurt the deceased. These would include any bills the deceased incurred as a result of the injuries and prior to death, loss if income in that intervening time, and pain, suffering, emotional distress which occurred as a result of the injuries that lead to death. These damages are payable to the deceased's estate and are paid out as directed in a the will, if one exists, or according to the statute if no will exists.

The second type of damages that are recoverable are those which are incurred by relatives as a result of the deceased's death. These include the monetary support that they would have received if the deceased had not died, as well as the loss of the love, guidance and companship they would have received from the deceased. There is a Michigan statute which identifies the parties who have a right to claim these damages. These damages are distributed to the individual claimants. These amounts can vary. The either the trial court of the Probate Court can determine how these damages should be divided if the parties do not agree. The atorney representing the Estate cnnot get involved in the splitting of these damages because it is a conflict of interest for him/her. Each of the claimants should get his/her own attorney t protect the individual claims.

Finally, the Power of Attorney given by your sister can be revoked at any time. She must give notice to him and to all others she knows were told of the Power.

Feel free to contactmy associate Helene Phillips or myself if you need an appointment for further information. Estate matters is an area of concentration for our firm. John C. Talpos (http://www.Mich-Lawyer.com)