Florida Probate Law Group is proud to partner with plaintiff’s law firms across the state to facilitate settlement related probate administrations, guardianships for minor children, and special needs trusts. Relying on an experienced Florida settlement support lawyer ensures that your claim is resolved in compliance with Florida law, and that the settlement can not be undone in the future. Our firm will make sure that your client receives the maximum benefit from their settlement by avoiding ineligible estate creditors, protecting government benefits, and safeguarding the assets of minors. If you need to sue a deceased defendant, our firm can likewise assist with creating the defendant’s estate so that your lawsuit can proceed. Our firm works statewide, on a flat fee basis, either billing at settlement or alternatively paid directly by insurance carriers above policy limits. Contact us today at (352) 354-2654 to discuss how we can help with your settlements.Wrongful Death Estate Administration
Failure to quickly have your client appointed as personal representative can jeopardize a wrongful death claim. The personal representative of a decedent’s estate is the only party that can sue for wrongful death. When two parties have equal preference to serve as personal representative (e.g. parents of a deceased child or siblings who have lost an unmarried parent), probate litigation will determine which of those candidates becomes personal representative. Retaining a Florida settlement support lawyer experience is wrongful death estate administration is crucial to pursuing your wrongful death claim.
Once a settlement is won, proper apportionment of damages between the decedent’s estate and wrongful death survivors is necessary to maximize your client’s settlement. Florida Probate Law Group has experience allocating tens of millions of dollars in death settlement proceeds for our clients’ benefit. Our wrongful death damages flowchart below breaks down the categories of damages due to the survivors and the estate under Florida’s Wrongful Death Act.
When a negligent party passes away before or during litigation, a case will stall until the defendant’s estate can be opened. This task will be left to the plaintiff's firm pursuing the case. Florida Probate Law Group works with injury firms all over the state to jumpstart cases against deceased defendants. Our video below describes the process.Child Injury Court Approval and Guardianship Administration
Settlements benefitting minors are subject to special rules in Florida. Failure to comply with the court approval and guardianship requirements in a minor injury case can cause problems down the road, and has even resulted in injury firms having to return contingency fees. Florida’s rules for child injury settlements are set forth in our flowchart below.
Government benefits provide disabled floridians with the basic necessities they need to get by. A sudden influx of cash from a personal injury settlement will disqualify a disabled person from certain categories of benefits, creating a financial strain which will quickly deplete their settlement funds. Fortunately, federal law allows for the creation of a special needs trust AKA supplemental needs trust, where a disabled person can place assets without losing benefit eligibility. The only downside of such a trust is that upon the death of the disabled person, Medicaid will have a claim for benefits paid, reducing what can be left to family members as an inheritance from the trust.
Our chart below shows which categories of benefits are subject to an asset limit and therefore threatened by an incoming settlement.
A settlement support attorney at Florida Probate Law Group can help resolve wrongful death, child injury, or government benefit issues affecting your settlement. Our lawyer resources page contains additional content to help shed light on the complex issues where probate and personal injury law intersect. Call us today at (352) 354-2654 to discuss your case, or click here to get in touch.