Who Is a Beneficiary That Can Collect Damages in an Illinois Wrongful Death Suit?
Those who are left behind after an Illinois wrongful death accident have a very natural concern about who will be receiving the money which will be paid as part of a settlement or judgment in a wrongful death suit. To some extent, that will depend on whether there is a will or not and whether we are talking about the wrongful death or survival portions of the case. The money from the settlement which is allocated to the survival portion is an asset of the estate because it compensates the decedent for what he/she experienced prior to death. That means that where there is a will, the money must be distributed in accordance with the will. If there is no will, then the statute of intestate descent and distribution determines where the money will be distributed. Under the Wrongful Death Act, the wrongful death portion of the case is brought by the estate for the benefit of the surviving next of kin. The term “next of kin” has a very specific meaning, and is narrower than many people would
