Personal Injury and Probate: Death of a Party or Witness, Settlement With Minors, Hearsay Challenges, Tax Exigencies

This CLE course will review what personal injury lawyers need to know about the probate process in several different situations including the effect failure to have an estate representative appointed may have on your case. The panel will discuss what needs to be done if the plaintiff or defendant dies pre-suit versus after the commencement of litigation. Second, the panel will review hearsay issues caused by the death of a material witness and the ability to rely on the Federal Rule of Evidence 801(d)(2) and state counterparts. Third, the program will address settlements with or on behalf of minors and the requirements of probate. Finally, the program will highlight issues about future income and estate tax liabilities for the plaintiff and the plaintiff's heirs.

Personal injury attorneys can encounter probate issues at any point in a case through the death of a client, death of an individual defendant, death of a material witness with unique testimony, settling claims involving minors, or concerning estate tax issues. Personal injury lawyers need to appreciate the differences between survival actions and wrongful death claims and the role of the probate court in each. Counsel must also anticipate dealing with different sets of interested parties and beneficiaries.

Sometimes the testimony of a decedent who is a party is critical to liability or even damages. Statements made to third parties by a speaker who does not recover do not always fit neatly into an exception to the hearsay rule. The circuit courts are split regarding whether statements of the deceased are admissible against the deceased's estate.

Listen as the experienced panel of probate attorneys and personal injury attorneys discusses probate issues in personal injury matters.