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Reimbursement to estate should be proportional

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The Indiana Supreme Court ruled today that a proportional allocation of proceeds from a pre-trial settlement would be best way to reimburse an estate for funeral and burial expenses.

The high court accepted In the Matter of the Supervised Administration of the Estate of Lawrence W. Inlow, deceased; Anita Inlow v. Jason L. Inlow, et al., No. 29S02-0902-CV-89, to answer the question: To what extent is a decedent's estate entitled to payment from a pre-trial settlement of a wrongful-death action in which the settlement doesn't allocate specifically between different types of damages.

Lawrence Inlow was killed in 1997 when he was struck in the head by a blade of a company helicopter. At the time of his death, he had no will.

Inlow's widow, Anita, paid $284,000 in funeral and burial costs, and then sought and received reimbursement from the estate. After a settlement was reached in a wrongful-death action in federal court, the estate sought reimbursement of that money in 2004. The Hamilton County trial court ordered in 2007 that Inlow's estate receive full reimbursement of the $284,000.

Anita appealed, believing Indiana Code Section 34-23-1-1 requires the payment of funeral and burial expenses from a wrongful-death award to an estate only when the award specifies what amount should go toward funeral expenses. If the award is able to be used to reimburse the estate, she argued she and her dependent son will receive no portion of those monies.

The defendants in this case, the personal representative of Inlow's estate and his four adult children from a previous marriage, argued the statute requires the damages to be used first to reimburse the estate for the funeral and burial costs incurred whether or not a portion of the damages award was designated for these expenses.

A split Indiana Court of Appeals upheld the trial court order, but the Supreme Court disagreed today. In its decision, Justice Brent Dickson wrote, "To impose upon all pre-trial wrongful death settlements a requirement that the net proceeds must first be allocated to medical, hospital, funeral, and burial expenses before distribution for other damages could frequently, as here, be inequitable and create an undesired counter-incentive to seek settlement."

The justices also disagreed with Anita's argument that none of the settlement could be paid to the estate for funeral or burial expenses because it didn't specify any of that recovered money was to be used for that purpose.

"It is quite apparent from the language of the Act that, in creating a statutory cause of action for wrongful death, the legislature intended particular attention to the payment of medical, hospital, funeral, and burial expenses," the justice wrote. "To extend this legislative objective to pre-trial settlements, a proportional allocation appears most equitable."

The court should direct payment from a pre-trial wrongful-death settlement the part of the medical, hospital, funeral, and burial expenses that corresponds to the ratio of the total of such expenses to the estimated total damages sustained.

The case is remanded to the trial court for a determination of the portion of the funeral and burial expenses that will be reimbursed to the estate from the wrongful-death settlement.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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