Wrongful Death Litigation Proceeds Should Be Distributed Equitably, Having Due Regard For the Injury and Loss Sustained By Each Beneficiary

In re Estate of Molitor, 12th Dist. App. No. CA2012-06-013, 2013 Ohio 525. Decedent died from an asbestos-related condition, survived by his wife and five children. Decedent died intestate and his estate was opened in order to pursue a wrongful death claim against decedent's employer. The estate obtained a substantial settlement for the wrongful death claim. The probate court ordered the proceeds from the wrongful death settlement to be distributed outright to decedent's surviving spouse pursuant to the statute governing the distribution of intestate estates, R.C. 2105.06. Two of Decedent's children appealed the decision, citing R.C. 2125.03, which requires the proceeds of a wrongful death case to be distributed proportionally to the injury and loss sustained by each family member. The appellate court reversed the probate court's decision to distribute the wrongful death litigation proceeds to the surviving spouse and remanded the proceeding back to the probate court in order for the parties to present evidence as to their injury and loss sustained by the death of decedent.