Can a creditor reopen a probate case to collect money if a wrongful death lawsuit is later settled?
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Can a creditor reopen a probate case to collect money if a wrongful death lawsuit is later settled?
My father passed away a few years ago. The probate case has been closed and I’m assuming the creditors wrote off the outstanding debt since there was not enough in the estate to pay it in full. We have since filed a wrongful death lawsuit. Can the creditors reopen the probate case and take the settlement money?
Asked on June 21, 2012 under Estate Planning, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If all creditors have submitted claims with respect to the estate that you have written about, have had their claims paid in full and the estate is now closed, the creditors of the estate cannot legally reopen the probate case to make a claim for any settlement moneys arising out of the wrongful death of the decedent.
For your information, the wrongful death case of the decedent is based upon the damages of the statutory heirs of the decedent, not upon any damages of the estate. For example, if you were the decedent's child, the wrongful death action brought by you would pertain to your own damages.
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