Surcharge for Half of Wrongful Death Proceeds

When the court order settling a wrongful death action directs the payment of the proceeds to settlement “to the Administratrix on behalf of the Estate,” the funds were part of the estate and were to be distributed in accordance with the laws of intestacy, and the administratrix was properly surcharged for half of the proceeds when she paid all of the proceeds to herself instead of only half. In re: Estate of Charles L. Small, Deceased, 3171 EDA 2022 (Pa. Super. 3/25/2024) (non-precedential).

[Note: The Supreme Court had earlier held that the father had not forfeited his intestate share, and so the father and mother (the administratrix) were entitled to intestate shares of one half each. See “Adult Decedent Was Not a ‘Dependent Child’.”]

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