INSTRUCTIONS TO APPROVE SETTLEMENT AND DISTRIBUTION OF WRONGFUL DEATH AND SURVIVAL CLAIM



Similar documents
PROBATE COURT OF CUYAHOGA COUNTY, OHIO Anthony J. Russo, Presiding Judge Laura J. Gallagher, Judge

AMENDMENTS TO THE RULES OF SUPERINTENDENCE FOR THE COURTS OF OHIO. Initial publication for comment

TRUMBULL COUNTY PROBATE COURT PERSONAL INJURY SETTLEMENT CHECKLIST

INSTRUCTIONS FOR SETTLING A MINOR S CLAIM FOR PERSONAL INJURY

TRUMBULL COUNTY PROBATE COURT MINOR SETTLEMENT CHECKLIST

INSTRUCTIONS FOR ESTABLISHING A WRONGFUL DEATH TRUST

PROBATE COURT OF HAMILTON COUNTY, OHIO RALPH WINKLER, JUDGE. APPLICATION FOR ORDER TO DISINTER REMAINS [R.C and ]

COURT OF COMMON PLEAS PROBATE DIVISION ASHTABULA COUNTY, OHIO

PROBATE COURT OF FRANKLIN COUNTY, OHIO ROBERT G. MONTGOMERY, JUDGE. WRONGFUL DEATH TRUST DECLARATION [Loc. R. 70.2]

Index to Rules. Local Probate Rule 1...Hours of Court. Local Probate Rule 2...Examination of Files, Records and Other Documents

A. ALTERNATIVE METHODS: KNOWING YOUR OPTIONS

Estate Procedures for

COURT OF COMMON PLEAS COLUMBIANA COUNTY, OHIO PROBATE/JUVENILE DIVISION PROBATE COURT RULES

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT CIVIL TRIAL DIVISION

Robert G. Montgomery, Judge

IN THE COMMON PLEAS COURT OF HANCOCK COUNTY, OHIO Probate Division Probate Rules. 3 Examination of Probate Files, Records, and 3 other Documents

Guide to Basic Kentucky Probate Procedures

PROBATE COURT OF CLERMONT COUNTY, OHIO JAMES A. SHRIVER, JUDGE APPLICATION FOR APPOINTMENT OF GUARDIAN OF ALLEGED INCOMPETENT [R.C

THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA. CASE NO (Court Administration)

LOCAL RULES OF THE PROBATE COURT

COURT OF COMMON PLEAS PROBATE DIVISION CLERMONT COUNTY, OHIO

SUMMIT COUNTY PROBATE COURT LOCAL RULES OF COURT

A. PRACTICAL PROCEDURES FOR OPENING ESTATE ACCOUNTS

IN THE COMMON PLEAS COURT OF HANCOCK COUNTY, OHIO Probate Division Probate Rules. 3 Examination of Probate Files, Records, and 3 other Documents

stark-knoll.com 3475 Ridgewood Road Akron, OH 44333

PROBATE COURT FEE AND DISTRIBUTION SCHEDULE March 28, 2013

Synopsis of Nevada Probate Law. Don W. Ashworth Probate Commissioner Eighth Judicial District Court

PROBATE COURT OF HAMILTON COUNTY, OHIO CUSTODIAL ACCOUNT PROCEDURES

WRONGFUL DEATH COMPROMISE PROCEEDINGS IN SURROGATE S COURT JUNE 10, Andrew L. Martin Chief Court Attorney Nassau County Surrogate s Court

CHAPTER ELECTIVE SHARE OF SURVIVING SPOUSE

A. Petitions for settlement and distribution when no action is pending

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF

UNDERSTANDING PROBATE. The Family Guide PREPARED BY ROBERT L. FERRIS

CALIFORNIA PROBATE CODE Jan. 1, DO NOT FILE WITH THE COURT - Sections 13006, ,

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE. Chapter 3. Appointment of Personal Representatives

INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [R.C ] PLEASE READ VERY CAREFULLY!!

CLOSING THE ESTATE PINAL COUNTY CLOSING THE ESTATE AS PERSONAL REPRESENTATIVE INSTRUCTIONS AND FORMS

PROBATE COURT OF CUYAHOGA COUNTY, OHIO APPLICATION FOR APPOINTMENT OF GUARDIAN OF ALLEGED INCOMPETENT [R.C ]

INSTRUCTIONS FOR PETITION FOR INVOLUNTARY TREATMENT FOR ALCOHOL AND OTHER DRUG ABUSE [R.C ] PLEASE READ VERY CAREFULLY!!

STEP-BY-STEP GUIDE TO THE PROBATE PROCESS


Local Rules Governing. Warren Probate Court. Morphis A. Jamiel, Judge. Julie A. Coelho, Clerk

Petition for Letters of Administration with Will Annexed (Will Previously Probated) INSTRUCTIONS

Court Approval Over Cases Involving Injuries to Minors By Adam J. Zayed

[Cite as In re Estate of Keytack, 147 Ohio Misc.2d 114, 2008-Ohio-3831.] IN THE COURT OF COMMON PLEAS DIVISION OF PROBATE TRUMBULL COUNTY, OHIO

Probate Department 77 Fairfax Street, Suite 1A Berkeley Springs, WV Phone: (304) Fax: (304)

ESTATE SETTLEMENT BASICS

REGISTRY OF THE COURT. Presented by: Lisa David, Williamson County District Clerk

COMMISSIONER OF ACCOUNTS OF THE CIRCUIT COURT OF THE CITY OF RICHMOND

CHAPTER 81. LAWS OF WISCONSIN-CH No. 52, S.] [Published May 9, 1941.

New York State Department of Taxation and Finance. Estate Tax Waivers

NC General Statutes - Chapter 1C Article 16 1

RULE 7 PROBATE CASES. RULE 7.10 Probate Courts/Session

THE ESTATE SETTLEMENT PROCESS

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE. Chapter 10. Guardianships

Wisconsin Probate. A Client's Guide to the Language and Procedure of Probate inn Wisconsin BAKKE NORMAN L A W O F F I C E S

New Changes to the Probate Code

PROBATE AND ESTATE ADMINISTRATION

ADMINISTRATIVE OFFICE OF THE COURTS STATE OF NEW JERSEY

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

County of Ocean, New Jersey. Jeffrey W. Moran, Surrogate 118 Washington Street, P. O. Box 2191 Toms River, NJ Phone:

Title 7. Probate Rules. Chapter 1. General Provisions

RULES OF PRACTICE AND PROCEDURE OF THE COURT OF COMMON PLEAS PROBATE DIVISION

LOCAL RULES OF THE PROBATE COURT

DELAWARE. TITLE 10 - Courts and Judicial Procedure Special Proceedings CHAPTER 66. STRUCTURED SETTLEMENTS

ARIZONA TITLE 12 - COURTS AND CIVIL PROCEEDINGS, CHAPTER 20, STRUCTURED SETTLEMENTS, ARTICLE 1, GENERAL PROVISIONS

IN THE COURT OF APPEALS OF MONTGOMERY COUNTY, OHIO THE ESTATE OF RONALD R. WERTS : C.A. CASE NO : T.C. CASE NO. 05EST349

Petition to Compromise Doubtful Claim of Minor/Ward INSTRUCTIONS. I. Specific Instructions

STATE OF HAWAII DEATH BENEFITS

COMMON PLEAS COURT BUTLER COUNTY, OHIO PROBATE DIVISION LOCAL RULES BUTLER COUNTY COURTHOUSE 101 HIGH STREET HAMILTON, OHIO 45011

Office of the Fiduciary Supervisor Kanawha County Commission P.O. Box 3627, Charleston, WV (304)

THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA ADMINISTRATIVE ORDER NO PROCEDURES FOR SETTLEMENTS REQUIRING COURT APPROVAL

ECKBERG LAMMERS ATTORNEYS AT LAW. Minnesota Personal Representative Instructions

PERSONAL REPRESENTATIVE TRAINING MANUAL

FINANCIAL & ESTATE PLANNING ORGANIZER. R.W. Rogé & Company, Inc.

GUARDIANSHIP LAW IN NORTH CAROLINA for General Guardians - Guardians of the Person-Guardians of the Estate

PROBATE COURT OF DELAWARE COUNTY, OHIO JUDGE KENNETH J. SPICER LOCAL COURT RULES OF PRACTICE OF THE PROBATE COURT OF DELAWARE COUNTY, OHIO

RULE FEES AND COSTS FOR LEGAL SERVICES

How To Be A Personal Representative In Tennessee

INSURANCE BENEFICIARY CHANGES

LIMITED LIABILITY COMPANY OPERATING AGREEMENT, LLC

THE ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA. CASE NO (Court Administration)

14. Probate in the State of Washington

LEGISLATIVE BILL 72. Approved by the Governor May 13, 2015

Tuscarawas County Court of Common Pleas Probate Division Local Rules Effective June 13, 2014 Table of Contents 5.1

Notice of Proposed Amendment to the Attorney Fees in Probate Matters Local Rule LR18-AR01-DLR-0011 June 1, 2015

Supreme Court of Florida

IN THE NINTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF DOUGLAS

Caring for a. Loved One s Estate. Serving as a Personal Representative

MINORS ON CAMPUS. 1. Supervision, Background Investigations, Compliance with Laws and Rules:

Personal Representative

COMMERCIAL BOND APPLICATION

Dealing with an Estate at Probate Court. A Guide for the applicant acting without a lawyer

Compulsory Arbitration

Many people assume probate is a timeconsuming,

INTESTATE ESTATE ADMINISTRATION

RULES OF THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT, STATE OF ILLINOIS (BOND AND MADISON COUNTIES)

CHAPTER 179. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. R.S.34: is amended to read as follows:

IN RE: SKECHERS TONING SHOE : CASE: 3:11-md TBR PRODUCT LIABILITY LITIGATION : : MDL No.: 2308

NEW YORK NY GENERAL OBLIGATIONS LAW TITLE 17 STRUCTURED SETTLEMENT PROTECTION ACT

Transcription:

INSTRUCTIONS TO APPROVE SETTLEMENT AND DISTRIBUTION OF WRONGFUL DEATH AND SURVIVAL CLAIM These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties in the approval of wrongful death and survival claim. In all cases where the gross distribution is going to a minor and is in excess of $10,000, there must be a guardianship of the estate established for the minor prior to the settlement hearing. When the proceeds will be distributed to a wrongful death trust the Judge will hear the Application to Approve Wrongful Death Settlement, Application to Create the Trust and the Application to Appoint Trustee. If the proceeds to be distributed in a wrongful death trust are in the form of an annuity, the parties must comply with Hamilton County Local Rule 68.2. The forms may be obtained from the Issue Desk on the 9 th floor of the Probate Court, 230 East 9 th Street, Cincinnati, Ohio or by downloading the forms from the web site. Step 1: COMPLETE THE FOLLOWING FORMS Application to Approve Settlement and Distribution of Wrongful Death and Survival Claims (Form 14.00) - Complete Form. Entry Setting Hearing and Ordering Notice (Form 14.01) - Fill in the name of the decedent only, the magistrate will fill in the hearing date & time, if the matter will be heard by the magistrate or; - The form must be taken to the Assignment Desk on the 10 th floor of the Probate Court to obtain a hearing date of the Judge s calendar is if he is going to hear the settlement. Waiver and Consent Wrongful Death and Survival Claims (Form 14.10) - Obtain waivers from all interested parties. - If waivers can not be obtained, notice of the hearing may have to be perfected by certified mail or publication. Application and Entry to Appoint Guardian Ad Litem (No Standard Probate Form) - If a minor is involved with the settlement then the magistrate may require a guardian ad litem. - Forms must be prepared by attorney and presented to the magistrate at the time of filing. Entry Approving Settlement and Distribution of Wrongful Death and Survival Claims (Form 14.20) - Complete form. - Present day of hearing for magistrate s approval. Report of Distribution of Wrongful Death and Survival Claims (Form 14.30) - Complete form.

- Form due within 30 days of Entry Approving Settlement (14.20) Entry Approving Report of Distribution (Form H.C. 14.40) - Complete form. - Take to assigned magistrate for approval. - Canceled checks and/or receipts must be displayed to the magistrate as proof of distribution. STEP 2: REVIEWING and FILING OF FORMS When all forms have been reviewed by the assigned magistrate on the 9 th Floor of Probate Court and after the magistrate has set the hearing take the forms to the cashier for filing. STEP 3: DAY OF HEARING At the date and time of the hearing, you should report to the 9 th Floor of the Probate Court to the assigned magistrate or the 10 th Floor Courtroom A before the Judge (The Judge or magistrate will already have the file with the papers you already filed). The fiduciary of the estate must appear at the hearing.

ESTATE OF, DECEASED CASE NO.: APPLICATION TO APPROVE SETTLEMENT AND DISTRIBUTION OF [R.C. 2117.05, 2125.02, Civ. R. 19.1 and Sup. R. 70] The fiduciary states: [Check whichever of the following are applicable, strike inapplicable words, and incorporate all attachments into a single statement.] There is an offer of (full) (partial) settlement without suit being filed. There is an offer of (full)(partial) settlement after suit was filed. The style of the case, the court, and case number being. A judgment has been recovered for damages for the decedent s wrongful death (and personal injury and property damage arising out of the same act and which survive the decendent.) The amount of the settlement or judgment is $. There is a partial settlement and therefore the estate must remain open pending final disposition of the claims. The offer includes, or the judgment sets forth separately, reasonable funeral and burial expenses in the amount of $. Reasonable compensation for the fiduciary for services rendered is $ and an itemization of such services is attached. Outstanding hospital and medical bills in the amount of $ and an itemization of such bills is attached. Outstanding claims to a right of subrogation for the payment of hospital and medical bills in the amount of $ and an itemization of such is attached. A reasonable attorney fee for the attorney s services is $ and reimbursement to the attorney for case expanse is $. A copy of the attorney s fee contract that (has)(has not) received prior approval of the Court, subject to modification, and itemization of the case expenses are attached. Other:. The net proceeds of $ should be allocated $ to the wrongful death action and $ to the survival action. A statement in support thereof is attached. FORM 14.0 APPLICATION TO APPROVE SETTLEMENT AND DISTRIBUTION OF 1/1/2015

[Reverse of Form 14.0] CASE NO. A statement in support of the proffered settlement is attached. Supplemental forms required by local rule of court are attached. All of the beneficiaries of the wrongful death action are on equal degree of consanguinity, are adults, and have agreed how the net proceeds allocated to the wrongful death claim are to be distributed. The beneficiaries of the wrongful death action are not all on equal degree of consanguinity, or one or more of the beneficiaries is a minor, or the beneficiaries have not agreed how the net proceeds are to be distributed. The surviving spouse, children, and parents of the decedent and the other next of kin who have suffered damages by reason of the wrongful death are as follows and the distribution should be as follows: Name Residence Relationship Birthdate Amount Address to Decedent of Minor The survival claim beneficiaries are as follows: Name Residence Relationship Birthdate Amount Address to Decedent of Minor The fiduciary requests that the Court approve the application and authorize the fiduciary to execute a (complete) (partial) release which upon payment of the settlement shall be a (complete) (partial) discharge of the claim. Attorney for Fiduciary Fiduciary Attorney Registration No. FORM 14.0 APPLICATION TO APPROVE SETTLEMENT AND DISTRIBUTION OF 1/1/2015

ESTATE OF, DECEASED CASE NO. ENTRY SETTING HEARING AND ORDERING NOTICE The Court sets at o'clock M. as the date and time for hearing on the application to approve settlement and distribution of wrongful death and survival claims and orders notice be given by the fiduciary, as provided in the Rules of Civil Procedure, to the wrongful death and survival claim beneficiaries who have not waived notice. Ralph Winkler, Probate Judge H.C. FORM 14.01 - ENTRY SETTING HEARING AND ORDERING NOTICE 10/01/98

ESTATE OF, DECEASED CASE NO. WAIVER AND CONSENT The undersigned waive notice of the hearing and consent to and approve the settlement and distribution as set forth in Form 14.0, Application to Approve Settlement and Distribution of Wrongful Death and Survival Claims, a copy of which I have received. FORM 14.1 - WAIVER AND CONSENT 04/01/97

ESTATE OF, DECEASED CASE NO. ENTRY APPROVING SETTLEMENT AND DISTRIBUTION OF Upon hearing the application to approve settlement and distribution of the wrongful death and survival claims, the Court: Approves the proffered settlement of $. Orders payment of $ Orders payment of $ the wrongful death and survival claims. to be applied to decedent's funeral and burial expenses. to the fiduciary for services rendered with respect to Orders payment of $ $ death and survival claims. to the attorney for reimbursement of case expenses and for attorney fees for services rendered with respect to the wrongful Orders that the net proceeds of $ be allocated $ to the wrongful death claim and $ to the survival claim. The amount allocated to the survival claim shall be considered an asset of the estate and shall be reflected in the fiduciary's account of the administration of the estate. Finds all of the beneficiaries of the wrongful death claim are on an equal degree of consanguinity, are adults, and have agreed how the net proceeds allocated to the wrongful death claim are to be distributed. Orders distribution of the net proceeds allocated to the wrongful death claim to the surviving spouse, children, parents and other next of kin, in the equitable shares shown below, fixed by the Court having due regard for the injury and loss to each beneficiary resulting from the death and for the age and condition of the beneficiaries. Name Residence Address Relationship to Decedent Birthdate of Minor Amount Page 1 of 2 FORM 14.2 - ENTRY APPROVING SETTLEMENT AND DISTRIBUTION OF 04/01/97

CASE NO. Orders that the share of: in lieu of bond pursuant to R. C. 2111.05. guardian of the estate of such minor. in a trust for the benefit of the child(ren) until twenty-five years of age. a minor(s) be deposited a minor(s) be paid to the a child(ren) be deposited Authorizes the fiduciary to execute a release which, upon payment, shall be a discharge of the claim. Orders the fiduciary and the attorney to report the distribution of the proceeds within thirty days of the date of this Entry. Further orders Approved: Attorney for Fiduciary Ralph Winkler, Probate Judge Attorney Registration No. Date Page 2 of 2 FORM 14.2 - ENTRY APPROVING SETTLEMENT AND DISTRIBUTION OF

ESTATE OF, DECEASED CASE NO. REPORT OF DISTRIBUTION OF Pursuant to Entry filed,, the proceeds have been paid as shown below and on the accompanying vouchers. Gross proceeds $ Funeral and burial expenses $ Fiduciary fees to $ Reimbursement of case expenses to $ Attorney fees to $ Survival claim to the estate Total deductions $ $ Net proceeds $ Net proceeds to beneficiaries. Total payments to beneficiaries $ Balance -0- The fiduciary states that there are no other assets remaining in the estate. The fiduciary states that there are assets remaining in the estate. Attorney for Fiduciary Fiduciary Attorney Registration No. H.C. FORM 14.3 - REPORT OF DISTRIBUTION OF 04/01/97

ESTATE OF, DECEASED CASE NO. ENTRY APPROVING REPORT OF DISTRIBUTION The report of the distribution of the proceeds is hereby approved. There being no further assets to administer, the fiduciary and surety, if any, are discharged. Date Ralph Winkler, Probate Judge H.C. FORM 14.4 - ENTRY APPROVING REPORT OF DISTRIBUTION 04/01/97