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Distribution Plan Information
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The Personal Representative (PR) completes the Distribution Plan, found on page 13 of the Compensation Form for Deceased
Victims. The PR must distribute the award according to state law. The PR will provide a proposed distribution plan
to the Special Master for review prior to payment. The Special Master will then review the plan.
If there is a will, then the distribution plan will usually follow the will for the estate, or non-economic, portion of the award.
If there is no will, then the distribution plan will follow state intestacy law for the estate or non-economic portion of the award. The economic loss portion of the award will be distributed according to the state's wrongful death statute.
There are three components of the VCF Compensation Award 1. Non-Economic Award – The $250,000 presumed award on behalf of the victim is generally distributed in accordance with the victim's will, or in the absence of a will, state intestacy law. 2. Non-Economic Awards for Dependents – The $100,000 additional non-economic award for each dependent is paid directly to the qualifying dependents. If there are dependents who are minor children, please see below for further guidance necessary to facilitate the payment of their awards. 3. Economic Loss Award – The wrongful death law of the state of the victim's domicile generally governs the distribution of the economic loss portion of the award.
If all parties eligible for the wrongful death portion of the award agree to an alternative distribution plan, the Personal Representative may submit to the Fund proof that the alternative plan has been consented to by the PR and all other inclusive parties. Please note that money for minor children cannot be redistributed to other parties. If any dispute should arise that cannot be resolved, the Fund would release the payment of the award to a court supervised account and the dispute would be settled by the appropriate surrogate court. |