Wrongful Death Proceeds Distributed Based on Wrongful Death Statute; Not Assets of Estate

Donnie Wayne Winningham, Kelly Annette Winningham, and Kristy Milburn v. The Supervised Estate of Keri L. Winningham and Interested Party of Leigh Ann Schattner

Donnie Winningham, Kelly Winningham, and Kristy Milburn (collectively, the Appellants) bring this interlocutory appeal of the trial court’s order that the proceeds from two wrongful death claims be distributed to the beneficiaries designated under the Adult Wrongful Death Act, rather than the beneficiaries designated under the intestate succession statute. We affirm and remand for further proceedings.

The Appellants are the half-siblings of Keri Winningham. On September 27, 2014, Winningham was walking in Anderson when she was struck by a vehicle driven by one person and then run over by a vehicle driven by another person; she died as a result. At the time of her death, Winningham was a twenty-six- year-old unmarried adult who did not have a will.

Lori Rumreich, Winningham’s aunt, opened a supervised estate for Winningham and was appointed personal representative. As personal representative, Rumreich brought wrongful death claims against two insurance companies. Both companies agreed to settle the claims.

In her petition to open the estate, Rumreich listed the proceeds from the wrongful death claims as assets of the probate estate subject to distribution to the intestate beneficiaries. Sometime after receiving the trial court’s authorization to distribute those proceeds through intestate succession, but before the distribution actually took place, Rumreich became aware of the possibility that the proceeds were not assets of the probate estate and should not have been included in the assets to be distributed through intestate succession. . . .

Read the full opinion here.

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