When you settle a death case, how soon can the family obtain the settlment money?
The quick answer is soon. The longer answer is, ‘it depends.’ In a death case, I have to prepare papers to let the Surrogate’s Court (that’s the court that is responsible for overseeing a person’s estate) know what is happening. I have to let them know about the settlement, and I have to include many supporting documents showing and explaining why a case has settled for the amount it did. Some of the supporting papers include: 1. An affidavit from the person who represents the estate (usually a family member), 2. An affirmation from the attorney explaining in detail how and why this settlement is appropriate, 3. An accounting that shows exactly how much money was spent on your case, and what the attorney’s fees are, and what monies are to be distributed, 4. Funeral bills, 5. Liens (a promise to re-pay Medicare or Medicaid, for example), 6. A document called a ‘Waiver & Consent’, which means that each family member who is entitled to receive a share of the money agrees to the proposed s
