Rule 70 SETTLEMENT OF WRONGFUL DEATH AND SURVIVAL CLAIMS

(A) An application to approve settlement and Distribution of Wrongful Death and Survival Claims (Standard Probate Form 14.0) shall contain a statement of facts, including the amount to be allocated to the settlement of the claim and the amount, if any, to be allocated to the settlement of the survival claim.  The application shall include the proposed distribution of the net proceeds allocated to the wrongful death claim.

 

(B) The fiduciary shall give written notice of the hearing and a copy of the application to all interested persons who have not waived notice of the hearing.  Notwithstanding the waivers and consents of the interested persons, the court shall retain jurisdiction over the settlement, allocation, and distribution of the claims.

 

(C) The application shall state what arrangements, if any, have been made with respect to counsel fees.  Counsel fees shall be subject to approval by the court.

 

B.C.L.R  70.1 WRONGFUL DEATH SETTLEMENTS

 

(A) All interested parties to the distribution of the net proceeds of the settlement shall be listed by name, residence, and relationship to the decedent on the proposed entry approving settlement or distributing wrongful death proceeds.

 

(B) The term “interested parties” who are subject to notice as set forth in R.C. §2125.02, shall include the surviving spouse, the children and the parents of the decedent or other next of kin who claim to have suffered damages.

 

(C) The presence of the fiduciary of the estate shall be required at the hearing regarding an application to approve a wrongful death settlement or proposed distribution.

 

(D) Unless otherwise ordered by the court, the fiduciary of the estate shall file a Report of Distribution (Standard Probate Form 14.3) within 30 days of the filing of the Entry Approving Settlement (Standard Probate Form 14.2