DPW Claim Against Estate Instead of Wrongful Death Action

The court erred in division of wrongful death action damages and survival action damages, because Department of Public Welfare’s (DPW) medicare claim was against the estate instead of a personal injury lien (which would be against the wrongful death action).  The Orphans’ Court corrected the error, denied additional legal fees for the estate’s representative contesting DPW’s objections and ordered the remaining balance of the estate distributed to DPW (which is now the Department of Human Services).  Harrington Estate, 5 Fid.Rep.3d 65 (O.C. Mont.) (opinion by Ott, J.), app. dismissed, No. 1319 EDA 2015 (1/28/2016) (non-precedential).

Print Friendly, PDF & Email

Comments are closed.