"Why Plaintiffs' Attorneys in Alabama Need Probate Co-Counsel on Wrongful Death Cases"
You've built a strong wrongful death case. Liability is solid. Damages are documented. Settlement is within reach.
And then the estate issues hit.
No letters of administration. Competing heirs. A contested will. A minor child who needs a conservatorship before any funds can be distributed. Suddenly your timeline has slipped by months and your client is frustrated.
If you practice wrongful death law in Alabama, this scenario is probably familiar. What's less familiar to many plaintiffs' attorneys is how much of it is preventable with early coordination with probate counsel.
Alabama's Wrongful Death Framework Creates Estate Complexity
Alabama's wrongful death statute operates differently from most states. Wrongful death proceeds are paid to the estate's Personal Representative and distributed to heirs which means a properly opened and administered estate is a prerequisite to receiving and distributing any settlement or judgment.
When the decedent had no estate plan, which is more common than not, someone has to be appointed administrator by the probate court before your case can move forward. When the family can't agree on who that should be, or when there are competing claims to the proceeds, the probate side of the case can become its own litigation, and with that, your representation is in jeopardy.
Where Probate Co-Counsel Adds Value
Letters of Administration We file quickly and navigate any disputes about who should serve as administrator. Don't wait until settlement to start this process. We can open the estate while your case is still developing. The sooner we're brought in, the better.
Competing Heir Claims Blended families, unmarried parents, estranged relatives… wrongful death cases often surface family dynamics that were never resolved. We work through the intestacy and heirship issues so you're not caught off guard at distribution.
Minor Beneficiaries When a wrongful death settlement includes proceeds for a minor child, Alabama courts require either a structured settlement or a conservatorship. We handle the probate court side so your structured settlement counsel can focus on their piece, and we offer support in drafting Special Needs Trusts and other instruments vital to resolution and distribution.
Creditor Claims Estate creditors can assert claims against wrongful death proceeds in certain circumstances. Early coordination helps protect your client's recovery.
Contested Wills or Trusts Occasionally, a wrongful death decedent had an estate plan, one that's now being challenged by family members. Those disputes need to be resolved before proceeds can flow, and they require litigation experience in both the civil and probate courts.
The Right Time to Call Is Before You Need Us
We work regularly with Alabama plaintiffs' and mass tort firms as probate co-counsel. We understand litigation timelines, we know how to move in probate court, and we're not going to slow your case down.
The best time to loop us in is early — before an estate-related complication becomes a crisis.
Waters Sullivan | Probate & Estate Litigation | Alabama 205.855.5020 | hello@waterssullivan.com | www.waterssullivan.com
Referral arrangements handled in accordance with Alabama State Bar rules.