Understand What Happens in Existing Litigation When a Litigant Dies
- How does the litigation continue?
- Does an estate need to be opened?
- Do parties need to be substituted?
Explore Wrongful Death and Survival Actions and the Subsequent Consequences on a Decedent’s Estate
- Ensure your familiarity with these causes of actions and what is encompassed by each: proper parties, statute of limitations, etc.
- Delve into the allocation of proceeds between Wrongful Death and Survival Action claims
- Review inheritance tax implications and discuss issues related to valuation of proceeds from survival actions
Analyze Tax Issues Associated with the Receipt of Litigation Proceeds
- Look at allocation and reporting of the proceeds from pre- and post-death causes of action and what the death tax consequences are
- Dig into income tax liability issues for estate beneficiaries
Discuss the Ethical and Malpractice Issues for Estate Attorneys
- Referral Fee Arrangements with litigation attorneys
- Statute of Limitations Issues to consider