Legal Question in Insurance Law in Ohio
If my mother has a law suit in and she passed are the heirs of hers estate eligible to the funds recovered
1 Answer from Attorneys
You should ask the lawyer handling the lawsuit this question. If the lawsuit survives her death (some do not) then any proceeds should pass to her heirs the same way the remainder of her estate did. If she had a will the proceeds should pass pursuant to the will. If it is a wrongful death case then there is a specific wrongful death statute that dictates how the funds are to be distributed. In my experience some lawsuits fail after the death of the plaintiff because it becomes impossible to prove the case without the victim. Also the lawyer handling the case needs to substitute the estate as the new plaintiff in the case. What kind of case is it?
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