Estate Enrichment from a Wrongful Death Actions

In The PEOPLE, Plaintiff and Respondent, v. Paul Dean RUNYAN, Defendant and Appellant. No. S187804  the California Supreme Court affirmed restitution of estates to be enforceable in circumstances where criminal wrongful death is proven. Determining plaintiffs have the right to collect restitution on behalf of an estates owner’s wrongful death, the court held that regardless if an estate is considered a “direct victim” of a crime or not, the executor, administrator or trustee is entitled to the collection of restitution for purposes of economic compensation related to losses sustained by the decedent as victim of a criminal act.

As illustrated in the pursuance of a wrongful death claim on behalf of a deceased estate owner, like the Artist known as “Prince,” where there accidental death or circumstance of foul play as result of negligence, whether it be an act of malpractice or product defect, is substantial legal reason to seek just enrichment in court. In some cases, both putative criminal charges, and tortious compensatory damages may be sought as remedy by an estate on behalf of family members and other beneficiaries. The loss of an estate owner can also create unforeseen expenses related to probate should the formation of an estate or its trust still be underway. Nevertheless, estates seeking compensation in a wrongful death claim, must evidence the defendant is responsible for the commission of the act causing the death of the victim at the time of the incident in question.