In a wrongful death settlement, do the beneficiaries have to receive proceeds within 30 days of filing approval?

UPDATED: Oct 1, 2022

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In a wrongful death settlement, do the beneficiaries have to receive proceeds within 30 days of filing approval?

Had a wrongful death case settled on
March 8th, fiduciary is saying she has
90 days to give us the check, but the
court filing says 30 days. Does she
have hand out settlement award by
April 7th? Thank you

Asked on March 24, 2018 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no time period for payment of a settlement set in the law: by definition, with a settlement (a voluntary agreement between the parties to resolve the case), it is whatever payment terms or schedule the parties mutually agree to. If the settlement document (the "court fiilng") says 30 days, then they have to pay within 30 days: that's what was agreed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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