Updated Wrongful Death & Survival Settlement Process (11/10/26)

This is a hybrid event with an in-person and a webinar option. Please select the appropriate button when registering if you plan to attend in-person. Event will be held at The Chicago Bar Association (321 S. Plymouth Court, Chicago, IL). 

The process for having wrongful death and survival claims approved in probate has been recently updated.  The distinguished speakers will provide their perspective and advice on the recent updates to the wrongful death and survival process and new forms related to the same, and attendees will be given an opportunity to ask the speakers questions during a Q&A session.

Speakers and Topics:
Wrongful Death-Survival Settlements in Law Division
Honorable Kathy M. Flanagan, Supervising Judge of the Cook County Law Division, will provide an overview of wrongful death and survival claims in the Law Division, a discussion of the differences in commencement procedures for Wrongful Death and Survival Act cases, the differences between a wrongful death claim and a survival claim including the difference in parties who have standing and by whom damages are recoverable in each type of case, and the approval process with respect to wrongful death and survival settlements in the Law Division. Judge Flanagan will also discuss common errors often seen by the Law Division judges in the preparation of petitions for approval of settlement in pending Law Division cases, allocation of proceeds between Wrongful Death and Survival Act settlements, inclusion of expenses not recoverable in the petitions, requirements for the contents of the petitions and orders, and procedures which require Probate Division administration.

Wrongful Death-Survival Settlements in Probate Division
Honorable Daniel B. Malone, Presiding Judge of the Cook County Probate Division, will provide an overview of the updated process, new forms which will be used, and to have wrongful death and survival settlements approved in the Probate Court. Judge Malone’s presentation will include a discussion on the appropriate procedures when a law division case is pending and with respect to pre-suit settlements. Judge Malone will also discuss common pitfalls often seen by probate judges with respect to the failure to seek approval of wrongful death and survival settlements, flawed and unsuccessful attempts to have wrongful death and survival settlements approved in probate, and the issues which arise in making distributions when the proper process is not followed. 

Probate Practitioners’ Guide to Settling Wrongful Death and Survival Actions 
SJ Chapman of Bielski Chapman, Ltd. and Brandon E. Peck of Peck Ritchey, LLC  will collaborate to provide practical aspects of having wrongful death and survival actions approved in probate including: (1) presenting pre- and post-suit wrongful death and survival settlements to the Probate Division and common complexities and pitfalls with respect to the same; (2) managing communications and follow up with law division attorneys prosecuting and settling the matters in and out of the Law Division; (3) advising clients representing estates on how to administer the estate while pre- and post-suit wrongful death and survival claims are available or pending; and (4) the difference in distributive standards with respect to damages or settlement funds recovered for wrongful death vs. survival actions and how they relate to proper distributions.

The moderators and attendees will be given an opportunity to ask the speakers questions about the topics presented.

Moderators:
Amy N. Gjesdahl, Dutton Casey & Mesoloras, PC; Chair, CBA Probate Practice Committee
Patrick J. Bushell, Harrison LLP; Vice-Chair, CBA Probate Practice Committee

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Live CBA Committee meetings and seminars will take place via Zoom webinar.  You will click on "view video" and be directly connected to the meeting/seminar on Zoom.  (You will not receive a Zoom link.)

You MUST have Zoom Desktop Client on your Mac or PC to view a live program. If using a mobile device, you must have the Zoom App (available in the App Store or Google Play).

System requirements for Mac & PC can be found here. System requirements for mobile devices can be here.  

Please note that audience members do not need video or audio access.  Audience members are able to submit questions via the chat or Q & A features of Zoom. 

Chat: Open in-meeting chat, allowing you to send chat messages to and send a message to the host, panelists, and attendees (if permitted). Question & Answer: Open the Q&A window, allowing you to ask questions to the host and panelists. They can either reply back to you via text in the Q&A window or answer your question live.