Wrongful Death Proceedings in Ohio Probate Court


A review of practice and procedure in Ohio Probate Courts for the approval and distribution of wrongful death settlements and judgments. Topics include: the history of wrongful death causes of action; authority to pursue/settle wrongful death claims;

distributions to beneficiaries; persons entitled to recover; the allocation or adjustment of the shares of distribution among the next of kin; the distinction between wrongful death and survivorship proceeds; the duty of counsel towards beneficiaries; the practical differences between probate courts in different counties; and the procedure in asbestos-related wrongful death cases.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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