Can creditors take money from a Florida wrongful death settlement to pay the deceased person's debts?

In most circumstances, creditors cannot touch wrongful death settlement funds recovered for individual family members. Under Fla. Stat. § 768.21, damages awarded directly to statutory survivors—such as compensation for mental pain, suffering, and lost support—do not belong to the estate and are legally protected from the decedent's creditors. However, damages recovered explicitly on behalf of the estate itself, such as reimbursable medical expenses or lost net accumulations under Florida probate law, can be subject to timely creditor claims filed under Fla. Stat. § 733.702. The Altman Law Firm helps families structure claims to clarify which proceeds belong to surviving relatives.