Detailed answer: How wrongful death proceeds are treated under Maine law
Short answer: No — in Maine wrongful death proceeds do not automatically pass under the decedent’s Last Will and Testament. Maine law treats a statutory wrongful death claim differently from a survival (pre‑death) claim. Which claim produces the recovery determines whether the recovery is distributed by statute or becomes part of the decedent’s probate estate that can pass under a will.
1. Wrongful death vs. survival action — the key difference
Two distinct claims can arise when a person dies because of another’s wrongful act:
- Wrongful death claim. This is a statutory cause of action that exists because the decedent died. The recovery is intended to compensate surviving family members (for loss of support, companionship, etc.). Under Maine law, wrongful death damages are distributed according to the wrongful death statute and beneficiary rules, not solely according to the decedent’s will.
- Survival action (the decedent’s pre‑death claims). These are claims the decedent could have pursued had they lived (for example: pain and suffering prior to death, medical bills the decedent incurred before death). Recoveries on survival claims typically belong to the decedent’s estate and therefore are distributed as estate property — which means they generally pass under the decedent’s will or by intestacy if there is no will.
2. How Maine law allocates wrongful death recoveries
Maine’s wrongful death statute establishes who may bring the action and how proceeds are to be applied. In practice that means:
- If the recovery is for the wrongful death claim, the damages are distributed to the statutorily defined beneficiaries (commonly a surviving spouse and children, or other heirs specified in the statute or regulations). These distributions are governed by the wrongful death rules rather than the will.
- If the recovery is for survival claims (damages the decedent would have recovered if alive), those damages are estate assets and will be distributed through probate according to the will or Maine’s intestacy rules.
For general reference to Maine’s estate and probate statutes see the Maine Revised Statutes, Title 18‑C (Probate and Estates): Maine Rev. Stat. Title 18‑C. For the wrongful death provisions you will find the statutory framework in the Maine statutes that govern death claims (see the wrongful death section within the probate/tort chapters on the Maine Legislature site).
3. Practical consequences and common scenarios
Examples to show the difference:
- Example A — Wrongful death recovery: A decedent dies and the family sues under Maine’s wrongful death statute. The court or parties distribute the wrongful death award to the beneficiaries named by statute (spouse, children), even if the decedent’s will leaves all property to a friend.
- Example B — Survival recovery: The decedent suffered pain and medical expenses before death. The estate pursues those damages as a survival action. If the estate recovers, that money becomes estate property and flows through probate — so a valid will’s beneficiaries could receive that money.
4. Deductions, liens, and other money subtractions
Whether wrongful death or survival, recoveries are typically reduced by:
- Legal fees and litigation costs (often a contingency fee agreement with counsel).
- Funeral and reasonable final expenses.
- Claims, debts, and liens against the estate (for survival recoveries).
- Health insurance, Medicare/Medicaid subrogation or reimbursement claims — these can apply to portions of recovery that reimburse medical expenses paid before or after death.
5. Timing and deadlines you must know
Maine imposes time limits to file tort claims, including wrongful death and survival actions. In many circumstances the statute of limitations for personal injury/wrongful death claims is two years; you must act promptly to preserve rights. See Maine’s statutes on limitations: 14 M.R.S. §752 (limitations). Specific facts can change the deadline (e.g., discovery rules, claims against municipalities), so confirm the precise deadline with counsel.
6. Who sues and who distributes the money
Typically a personal representative (executor or administrator) files a survival action on behalf of the estate. The wrongful death action may be brought by certain family members or by the representative under the wrongful death statute. The personal representative controls estate claims and handles probate administration; they also may be the party to negotiate settlements. Court approval of a wrongful death settlement or estate settlement may be required in some circumstances.
For probate procedures and duties of a personal representative, consult Maine’s probate statutes: Maine Rev. Stat. Title 18‑C.
Summary
Wrongful death proceeds in Maine generally do not pass according to the decedent’s will. Instead, wrongful death recoveries follow the distribution rules in the wrongful death statute and typically go to statutorily defined survivors. By contrast, survival claims become estate property and will be distributed by the decedent’s will or under Maine’s intestacy laws.
Disclaimer: I am not a lawyer and this is not legal advice. The information above is educational and general. Apply it to your situation only after talking with a licensed Maine attorney about the specific facts of your case.
Helpful hints — steps to protect recovery rights and speed resolution
- Act quickly: contact a Maine wrongful death or probate attorney immediately — statutes of limitations are strict.
- Identify the claim type early: determine whether you are pursuing a wrongful death claim, a survival claim, or both.
- Preserve evidence and medical records: these support both survival and wrongful death claims.
- Locate the decedent’s will and the name of the nominated personal representative (executor); if none, the probate court will appoint an administrator.
- Notify insurers promptly and preserve communications with adjusters; do not sign settlement drafts without legal advice.
- Ask about Medicaid/Medicare liens early — they can significantly affect net recovery.
- Understand fee arrangements: most wrongful death lawyers work on contingency, but confirm percentages and who pays litigation costs.
- Keep records of funeral and final expenses — some may be recoverable or deductible from awards.
- Consider both settlement value and distribution consequences: a settlement that mixes wrongful death and survival elements should be allocated carefully in writing.
- Consult both a probate attorney and a tort attorney when cases include estate and wrongful death claims to coordinate strategy.