[WSBAPT] Wrongful Death Settlement Heir Distribution Split?

[Ryan Castle]

Smart People,

New one for me. Decedent has asset of medical malpractice wrongful death
settlement. Died intestate in 2023. Has surviving spouse and two adult
children. Daughter was appointed as Adminsitrator with support of surviving
spouse/mother and brother. Brother waived all claims to inheritance.
Mom/survivng spouse wants all medmal settlement funds to go to daughter.

My understanding of RCW 4.20 wrongful death statute is that medmal funds
are seperate property of surviving spouse and child, and therefore need to
be split amongst the two. How do we determine that split? Based on my
research on google, it appears that mom and daughter can decide how to
split. But does judge have to approve of split? Can mom and daughter enter
into contract where mom waives her rights to medmal proceeds? Heir
disclaimer period is long gone.

We want to avoid mom gifting her share to daughter to avoid gift tax. But
would estate taxes be due if daughter receives more than $2.193 million
(2023 exemption threshold, and no spousal exemption)?

-- 

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/
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