Case Update: Brunson v. McKay

August 18, 2016 |

The adult children of a decedent challenged the probate court's approval of a settlement in a wrongful death action stemming from the decedent's death. The personal representative of the estate, the decedent's widow, asserted that the children did not have standing to challenge the proposed settlement, because they were not beneficiaries under the Wrongful Death Act, Florida Statutes 768.16, et seq. The probate court held that the children did not have standing, and they appealed. The District Court of Appeal pointed out that under ' 768.25, "any survivor" may object to a proposed settlement in a wrongful death action. Survivors are defined in ' 768.18(1) to include adult children. Thus, the children did have standing to challenge the settlement.

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