Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Under West Virginia law (WV Code §55-7-1 et seq.), wrongful death actions allow certain survivors to recover damages for the loss of a loved one. After a court judgment or settlement, the personal representative of the decedent’s estate must distribute the proceeds according to West Virginia Code §55-7-6 (view statute).
Step 1: Identify Eligible Beneficiaries
The statute prioritizes beneficiaries in this order:
- Surviving spouse
- Children of the decedent
- Parents of the decedent (if no spouse or children)
- Other next of kin under intestate succession (see WV Code §42-1-2)
Step 2: Allocate the Proceeds
WV Code §55-7-6 specifies how to allocate the damages:
- Surviving spouse: The spouse receives a statutory support allowance (a monthly sum set by the court until remarriage or death).
- Children: Any remaining proceeds divide per stirpes among the decedent’s children.
- No spouse or children: Proceeds pass to parents or other heirs under intestate rules.
Step 3: Obtain Court Approval
The personal representative must file a final accounting with the probate court. The court reviews the proposed distributions to confirm statutory compliance and may order adjustments before final disbursement.
Helpful Hints
- Appoint a reliable personal representative who understands estate administration.
- Gather proof of relationships (marriage certificates, birth records, etc.).
- Check local court rules for the current support allowance rates.
- Maintain thorough records of all distributions and filings.
- For contested or complex matters, consult a West Virginia attorney for guidance.