How should attorneys address disagreements among family members over distribution of the award?
It is in every beneficiary’s interest to reach some consensus over a distribution plan. A failure to reach an agreement among all beneficiaries will result in a delay of payment, and payment instead being made to the estate. When the money is paid to the estate, the precise distribution will have to be determined by a probate court. The legal costs associated with such a proceeding will diminish the amount of money that can be distributed to the beneficiaries. By working together, interested parties can often increase the amount of the award (e.g., by recognizing partnerships, accepting additional dependents, or possibly agreeing to alternate deductions of collateral benefits), thus increasing the possibility that all beneficiaries’ needs can be met in a unanimously supported distribution plan.
