My 16 year old son died in a car accident in December. The insurance company of the driver contacted us, my husband and I, to advise us that we are entitled to $100,000 due to the wrongful death but that we must set up an estate account to receive the money. We wondered if this was something that we could do ourselves or if it is necessary to hire a lawyer?
First I would contact an attorney in your area who specializes in accidents to get their advice whether the amount that you are being offered is appropriate for the situation involved and whether a settlement or other actions are the best way to go.
Second, many counties in Indiana, by local rule, require that you have an attorney if you are going to probate an estate. Consult with a local Pribate attorney as well.
There are very good attorneys around Valpo that do either of those things. You can check here on or ask locally.
Good Luck!
I wouldn't accept anything yet without discovering if (1) there are more monies than being offered (it wouldn't be the first time I've seen an insurance company not tell the truth; (2) whether there are other potential defendants and you are releasing them; and (3) whether the insured person you are releasing has personal assets that could satisfy the judgment.
Finally, yes, an estate can be done it is possible for the parents to act on behalf without the need for a personal representative necessarily.
We are here to answer any questions you might have located on the square in downtown Valpo.
I am so sorry for your loss.
Generally, it is always a good idea to retain an attorney experienced in the probate process to guide you and to ensure that the process moves forward without delay. Probate estates last a minimum of 6 months but on average are open for 1 to 2 years. Since the value of your son's probate estate is over $50,000, it would be mandatory for a probate estate to be opened.
However, as the other attorneys have pointed out here, there is a lot more going on here than whether or not you need to open up a probate estate. If an insurance company is offering you a flat payout, no questions asked and they are contacting and reaching out to you, there may be more going on here than you are aware. This sounds more like a settlement agreement that would release their driver from liability.
You don't need a probate attorney. You need a personal injury attorney experienced in car accidents and wrongful death claims.
