Las Vegas Review-Journal

Fund’spanel eyes January for claims

Vote on distributi­on of money to victims, families set for Dec. 11

- By Nicole Raz Las Vegas Review-journal

Family members of Las Vegas shooting victims and survivors will be able to submit a claim for a donation from the Las Vegas Victims’ Fund beginning in January, according to an estimated timeline by the fund committee.

The electronic claim form is slated to become available at lasvegasvi­ctimsfund.org and at nationalco­mpassionfu­nd.org. All claims must be submitted electronic­ally.

Jeff Dion, deputy director of the National Center for Victims of Crime, gave an overview during Tuesday’s town hall meetings of what claimants can expect, as according to the current draft proposal. The Las Vegas Victims’ Fund committee is slated to adopt a final protocol Dec. 11. The committee is slated to electronic­ally disseminat­e the final protocol and informatio­n on the claims process to all known claimants on Dec. 15.

In the proposal, families of those who were killed in the shooting and people who suffered permanent brain damage or permanent paralysis resulting in continuous home medical aid would receive the highest level of payment out of the fund, the draft guidelines say.

People who were physically injured and first admitted to a hospital within 48 hours of the shooting for at least one

CLAIMS

night between Oct. 1 and Jan. 31 would receive the next level of funding, according to the draft.

Injury claims

For injury claims, Dion said claimants will need to sign an authorizat­ion from their medical provider to release informatio­n to the Las Vegas Victims’ Fund committee and entities working on their behalf.

The National Center for Victims of Crime and its partners will contact a claimant’s medical provider to validate that the claimant was hospitaliz­ed from of injuries incurred at the Oct. 1 shooting.

“It doesn’t matter if you were shot, ifyouweret­rampledbyt­hecrowd

— if you have suffered an injury that required hospitaliz­ation as a result of this event, that’s all we’re checking,” Dion said, adding that it will be the number of cumulative nights hospitaliz­ed. “We don’t need your medical records,don’tsendusyou­rmedical records. Just sign that authorizat­ion and tell us who your medical provider was,andwe’llreachout­tothemand do that validation.”

In the case that somebody was injured and suffered permanent brain damage and paralysis, then the National Center for Victims of Crime will work to validate the diagnosis.

The process for death claims will be a little more complicate­d, Dion said.

Death claims

“We need to know that we’re dealing with the right person who’s representi­ng the estate,” he said.

If someone was killed and he or she had a will, and the person who is namedasthe­executorof­theestatei­s an appropriat­e person to submit the claimforbe­nefits,thenheorsh­ecan apply for benefits.

“If you got a will and you submit that, then we’ll say this this is the right person.”

If someone did not have a will and the person was married at the time of their death, then their spouse can apply for benefits. Dion said the National Center for Victims of Crime will be following state intestacy laws.

If the person was not married at the time of their death, then Dion said he recommends that somebody be appointed by the probate court to serve as representa­tive of that person’s estate.

“That’s just the court telling us, ‘This is the person who is the appropriat­e person to deal with in regards to claims of that decedent’s estate.’ The court that would have jurisdicti­on over that is the probate court where the decedent lived.”

The probate process

Las Vegas-based probate lawyer Jonathan Reed, with the Reed & Mansfield law firm, previously told the Review-journal that the first step in representi­ng an estate is to ask the probate court to name you as executor or personal representa­tive or administra­tor — whichever term the decedent’s state uses.

You probably will need to file an applicatio­n, a death certificat­e and the original will (if there is one) with the local probate court in the county where the deceased person was living at the time of death.

If the deceased person owned real estate in more than one county in the same state, one probate will suffice.

If the personal representa­tive is not living in the state where the probate is taking place, the out-of-state resident might need to appoint a resident of the probate state to serve with them as a co-administra­tor.

Dion said the National Center for Victims of Crime will be looking to theprobate­courttodir­ectthemto the appropriat­e person to whom to distribute­funds.

Each decedent or victim for whom a claim is submitted will be validated by the FBI as a victim of the Oct. 1 attack, he said.

“Ifthefbido­esn’thaveyouon­their victim list, they’re going to send an FBI agent to talk to you,” he said.

Contact Nicole Raz at nraz@ reviewjour­nal.com or 702-380-4512. Follow @Journalist­nikki on Twitter.

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