Msjustice4me
12-29-2008, 10:09 AM
Can a Executor pay debts out of the Wronful death settlement money awarded ?
Is it illegal for a Lawyer to keep money award froma wrongful death law suit in a Trust Fund that has his name on it.?
Can the Eexcutor distrub wrongful death money awarded to anyone other than the deceased living childern?
(All above is for the State of Alabama )
Patrick
04-25-2009, 07:22 AM
Can a Executor pay debts out of the Wronful death settlement money awarded ?
Yes. The money can be used to pay any ligitimate debts of the person who died including any debts related to the lawsuit.
Is it illegal for a Lawyer to keep money award froma wrongful death law suit in a Trust Fund that has his name on it.?
Yes. Most states require an attorney to set up a Trust account in his law firm. All such money must go into the Trust fund and must be distributed according to the law. It cannot be mixed with the attorney's private monies. The attorney must give a written report to the Court and to the heirs on how the money is being spent. When the estate is closed all of the remaining money, in the attorney's Trust account, must be distributed to the heirs according to the law.
Can the Eexcutor distrub wrongful death money awarded to anyone other than the deceased living childern?
Yes. To pay any ligitimate bills of the deceased; bills of the lawsuit; bills of the Estate; and to anyone else who he is required to give money by the Will or by the law. If the Will says $4,000 goes to Ducks Unimited, then the attorney can send $4,000 to Ducks Unlimited.