Wednesday, December 7, 2022

Quirky Issue in the Mississippi Wrongful Death Statute

Typically, creditors of the deceased are not entitled to wrongful death proceeds in Mississippi.   However, Mississippi Code   11-7-13 has a quirky provision.  

 “Any amount, but only such an amount, as may be recovered for property damage, funeral, medical or other related expenses shall be subject only to the payment of the debts or liabilities of the deceased for property damages, funeral, medical or other related expenses. All other damages recovered under the provisions of this section shall not be subject to the payment of the debts or liabilities of the deceased, except as hereinafter provided, and such damages shall be distributed”

My reading is that any money designed for property damage, funeral, medical or other related expenses are subject to creditors.    Additionally what are "other related expenses"?    One can argue is is only expenses related to funeral or medical expenses or maybe that they are truly other expenses related to the death outside of pain and suffering.   

Food for thought. 

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