Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Alabama law, wrongful death claims are governed by Title 6, Chapter 5 of the Alabama Code. If you recover a settlement or judgment in a wrongful death action, you must distribute the net proceeds to eligible survivors (“distributees”) in accordance with Ala. Code § 6-5-410.
Eligible Distributees
- Surviving spouse and children
- If no spouse or children: parents
- If no spouse, children, or parents: siblings
Legal Process for Distribution
- Appointment of Personal Representative. File the wrongful death claim through the decedent’s personal representative or estate administrator as required by Ala. Code § 6-5-410 (view statute).
- Calculate Net Proceeds. Deduct approved funeral, medical, and legal expenses before distribution.
- Court Approval. Submit a proposed distribution plan and petition the probate or circuit court to approve allocation “in such manner as it deems equitable.”
- Distribute Funds. Once the court signs an order, the personal representative disburses payments to each distributee.
Example Scenario
Suppose Jane Doe dies in an accident, leaving a spouse and two children. After settling the claim and covering expenses, the court may award one share to the spouse and one share to each child, or adjust shares based on financial need and other equity factors.
Helpful Hints
- Gather Documentation: Obtain marriage certificates, birth records, and proof of relationship for each distributee.
- Itemize Expenses: Keep detailed records of funeral and medical bills to deduct before distributing proceeds.
- Review Probate Rules: Consult Alabama’s probate procedures under Ala. Code Title 43, Chapter 8 for administering estates.
- Minor Heirs: If a distributee is under 19, consider establishing a guardianship or trust before disbursing funds.
- Seek Professional Guidance: An attorney can draft petitions, represent you in court, and ensure compliance with all procedural requirements.