This week’s discussion recaps a handful of notable recent Indiana appellate decisions and delves into the new requirements for wrongful-death estates in Indiana dictated by the Indiana Supreme Court’s ruling in Lewis v. Toliver.
Indiana Supreme Court Holds that Wrongful Death Claim Does Not End With Death of Heirless Sole Beneficiary
After a brief recap of seven notable decisions from the Indiana Court of Appeals, we examine the Indiana Supreme Court’s decision in Horejs v. Milford, which held that the claims for loss of consortium by the lone beneficiary of a wrongful-death estate survive the beneficiary’s death and may be pursued by his estate as a survivor action regardless of whether he has a will or natural heirs at law.
What Happens When Wrongful Death Beneficiary Dies During Lawsuit? Depends on Whether there are Heirs
The takeaway from this post is that if you are representing a wrongful death estate and the survivor has no natural heir, make sure s/he has a will or the claim will die with the survivor.