Can creditors make claims against wrongful death settlement proceeds in a Florida estate?

General estate creditors typically cannot take wrongful death settlement proceeds allocated directly to surviving family members. Under the Florida Wrongful Death Act (Fla. Stat. § 768.21), damages awarded to statutory survivors—such as compensation for mental pain, suffering, and lost parental or spousal companionship—belong exclusively to those individuals and do not become probate assets. However, compensation recovered on behalf of the estate itself for the decedent's medical expenses or lost earnings is subject to valid creditor claims under Fla. Stat. § 733.702. Jeffrey S. Altman and The Altman Law Firm structure claims carefully to protect survivor recoveries while resolving lawful estate obligations.