Legal Question in Wills and Trusts in Texas

Is a wrongful death settlement community or separate property of the deceased?


Asked on 5/16/15, 6:38 am

1 Answer from Attorneys

Wrongful death damages do not belong to a deceased person at all. Wrongful death damages are created by statute, and are only available to the persons listed in the statute (parents, children, spouse of the deceased.) They are completely independent of the deceased's estate.

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Answered on 5/16/15, 8:49 am


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