If you’ve recently lost a loved one due to the wrongful action of another, please accept our heartfelt condolences. While nothing can ever completely fill the void of losing someone, a wrongful death lawsuit can provide monetary compensation and accountability for those responsible. But if you’re pursuing legal action for wrongful death, you may be wondering who will inherit the money.

A wrongful death lawsuit arises when someone dies due to another’s careless or intentional actions, allowing the victim’s family to seek justice and financial assistance. In Tennessee, settlement distribution follows intestate succession laws, prioritizing immediate family. Johnson, Murrell & Associates offer expertise in managing wrongful death claims and probate processes.

What Is a Wrongful Death Suit?

When someone dies because of another person’s careless or deliberate actions, the victim’s family can file a wrongful death lawsuit. This is a way for them to seek justice and financial help after losing their loved one.

Essentially, it’s a legal case where family members ask the court to make the person responsible pay for the harm they’ve caused. This could happen after events such as: 

• Car crashes 
• Workplace accidents 
• Medical mistakes 
• Faulty products

In these lawsuits, families can ask for money to cover funeral costs, make up for lost income, and compensate for the pain of losing their loved one’s companionship. While it’s true that no amount of money can bring back a person, these lawsuits can help families with their expenses and emotional suffering.

Another important part of wrongful death suits is that they can discourage others from being careless in the future. Holding people accountable sends a message that negligent behavior has serious consequences.

In a Wrongful Death Suit, Who Gets the Money?

In a wrongful death suit, the beneficiary is determined by Tennessee’s intestate succession laws. These apply even if the deceased had a will. 

Here’s how the money from a wrongful death settlement or judgment is divided:

• If the deceased was married and had no children, the surviving spouse gets all the money.
• If the deceased was married and had children, the surviving spouse receives either a child’s share or one-third of the money, whichever is greater. The rest is split among the children.
• If there is no surviving spouse, the money is divided equally among the deceased’s children.
• If the deceased had no spouse or children, the parents of the deceased receive the money.

It’s important to understand that the right to file the lawsuit and manage the case is different from the right to receive the money. Usually, the surviving spouse has the first right to file the lawsuit. If there’s no spouse, the children can file.

There are some exceptions to these rules, such as if the spouse abandoned the deceased or contributed to their death.

Exceptions

In a wrongful death suit, who gets the money usually depends on the relationship of the survivors to the deceased and the laws of the state. Generally, the money goes to the immediate family, like a spouse and children. However, there are exceptions to this rule.

If the deceased was a minor, the money typically goes to the parents, as they are usually the main beneficiaries. Additionally, if the deceased left behind a dependent relative, such as a grandparent or grandchild, they might also be entitled to some of the money under certain conditions. These conditions often include situations where the dependent relative relied on the deceased for financial support or care.

The exact distribution can vary based on the specific details of the case. Therefore, it’s important to consult with a legal professional to understand the specifics of your situation.

Does Probate Law Apply to A Wrongful Death Suit in Tennessee?

Probate law does not directly apply to wrongful death suits in Tennessee. Instead, Tennessee law specifies that wrongful death claims are a type of personal injury lawsuit that the deceased could have filed if they had survived. The right to file a wrongful death lawsuit passes to certain family members or the personal representative of the deceased’s estate.

While probate law governs the distribution of the deceased’s estate, wrongful death proceeds are distributed according to specific wrongful death statutes in Tennessee. In a wrongful death suit, who gets the money is determined by Tennessee statutes, not by the deceased’s will. 

For example:

If John Smith dies wrongfully and his wife Jane sues, she will split the proceeds with their children even if John’s will intends a different allocation of his assets. Now imagine that John isn’t married but has three adult children, one of whom is estranged and has been left out of the will. In this case, the estranged child is still legally entitled to wrongful death proceeds, even though he is not named in the will.

What if There’s a Trust or Estate Plan?

Having a trust or estate plan won’t change who gets the money from a wrongful death lawsuit in Tennessee. The money awarded in a wrongful death case goes to the deceased person’s closest relatives, such as a spouse, children, or other next of kin. A wrongful death suit will open probate because it has to follow intestacy laws no matter what. 

Partner with Johnson, Murrell & Associates

Wrongful death settlements can significantly impact the probate process. When a wrongful death lawsuit is successful, the settlement proceeds are typically directed to the deceased’s estate, which must go through probate to properly manage: 

• Debts
• Taxes, and 
• Distributions 

This means the probate process often cannot conclude until the wrongful death claim is resolved, potentially prolonging the administration of the estate.

Johnson, Murrell & Associates can help by providing experienced legal representation to navigate both the wrongful death claim and the probate process. This guarantees that the settlement is appropriately managed and distributed. 

Wrongful death lawsuits occur when negligence or intentional acts cause a fatality, enabling families to seek compensation and justice. In Tennessee, settlements are distributed according to intestate succession, favoring close relatives. Johnson, Murrell & Associates provides skilled guidance through both wrongful death claims and related probate procedures.

At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-1091 or schedule an appointment.