Estate of Bennett, 2013 MT 230 (Aug. 20, 2013) (7-0) (Rice, J.)

Issue: Whether the Court should issue a writ of supervisory control over the lower court’s order holding that the Bennetts are not entitled to damages from the wrongful death of their adult son.

Short Answer: Yes. Wrongful death damages are personal to the survivors, and are not controlled by intestate succession statutes.

Writ granted…