Claim For Dependency In Wake
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FAQ
The personal representative can bring a claim for losses on behalf of the estate. It is also possible for anyone who was dependent on the deceased (financially or otherwise) to bring a claim in their own right. All claims relating to the same incident would need to be brought at the same time, as one.
Dependency claims are made by immediate or close relatives of the deceased who have been deprived of their support and services. It is a compensation claim, not for the deceased but for their family after death.
If you've already submitted your claim and have received a 30% or higher disability rating, the fastest way to add a dependent is online through eBenefits (.ebenefits.va). Submitting an electronic dependency claim through eBenefits allows VA to make a decision on your claim in as little as 48 hours.
Where the deceased has made a will, the will would appoint one or more executors, also known as a personal representative. Anyone of those executors / personal representatives can bring and/or continue with the claim.
Can you make a claim on behalf of someone else? In short, yes: a parent or guardian can make a claim on behalf of an injured child. They have until the child's 18th birthday to make a claim. The child then has a further three years to make a claim themselves, i.e. until they are age 21.
The convention is that a dependency is 66% of the joint family income, less the income of the surviving partner, when dealing with a couple, and 75% of the joint family income, less the income of the surviving partner, when dealing with dependent children.
An estate administrator is the appointed legal representative of the deceased. The legal representative may be a surviving spouse, other family member, executor named in the will or an attorney. In general, the estate administrator: Collects all the assets of the deceased.
Under the LRPMA 1934, eligibility very much depends on if the deceased left a Will. If they did, then the Executor of their Estate, named in the Will, is eligible to bring or continue a claim. If the deceased did not leave a Will, then a set list is followed as outlined in the Administration of Estates Act 1945.
List of Documents You May Use to Prove Dependent Eligibility Mortgage statement, or. Credit card statement, or. Bank statement, or. Utility bill, or. Rental/lease agreement.
