2007-05-25 07:01:51 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In my state, Pennsylvania, there are two separate actions, a wrongful death action and a survival action.
A survival action is an action belonging to the decedent's estate, and the damages recovered in a survival action are subject to estate and inheritance taxes and to the claims of creditors. The damages in a survival action are distributed according to the decedent's will if he died testate or according to the intestate laws if he died intestate.
A wrongful death action belongs to the designated beneficiaries. The action does not belong to the estate. Damages are not subject to estate or inheritance taxes or to the claims of creditors and are distributed according to the intestate laws regardless of whether there is a will.
2007-05-25 07:55:41 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
Was the wrongful deat suit filed by the deceased before dying or is the deceased the subject of the suit?
Who filed the suit and who are the interested parties?
2007-05-25 14:12:05 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋