My mother died of lung cancer and i am filing a suit against the tobacco co. for the cause of her illness. She left a will, that I have not seen, but notified via telephone 3 months later that my oldest sister was left the house and its contents and the insurance money, in which she paid medical bills and such with and for me and my other 2 sisters were left nothing. i am assuming my sister is considered the executor of the estate. So, my question is if I file this wrongful death suit, what rights do any of my sisters have with it and do I have to notify them? And since my oldest sister is executor, does this mean that she should be named in the suit along with me? I am in need of clarification on what i must do about my siblings in this matter....I look forward in hearing from you soon.
Please accept my condolences. A local personal injury attorney needs to be consulted and can explain to you the applicable laws in your state. What I can tell you is that the executor of the estate is generally the person that brings a lawsuit on the estate's behalf, and is brought on notice to all heirs. The heirs share in any recovery to a lawsuit.
Russell Warren Lewis IVNursing Home Abuse / Neglect LawyerNashville, TN ·
I am sorry for your loss. If you are already pursuing a lawsuit or addressing such with attorneys, you should pose these questions to those attorneys. In most wrongful death cases, the plaintiff is acting in a representative capacity on behalf of all interested parties. The will may or may not come into play in this case. Additionally, your siblings most likely have equal right to the proceeds of the lawsuit absent facts dictating otherwise. Please consult with your attorneys for answers to your specific questions.
Joseph Anthony Zarzaur Jr.Wrongful Death AttorneyPensacola, FL ·
It depends on their ages and whether they were dependent upon the decedent for support. This is something you should see a board certified civil trial lawyer about asap.
The lawsuit for the estate has to be brought in the name of the executor/personal representative, unless all agree to have a successor executor etc appointed. Most states hold that wrongful death settlements are distributed to the surviving spouse and children. Some states go further (grandparents etc) . What occurs is once the settlement is obtained then the people who are in line to receive a distribution need to meet and attempt how to divide up the net proceeds. In the event there is no agreement, the court will hold a hearing, take testimony regarding the relationships to the deceased, and determine how the funds will be distributed.
I am so sorry for your loss. In Florida a wrongful death lawsuit has to be filed by the personal representative of the estate of the deceased. the PR of the estate is appointed by the court and brings the case for all of the survivors who may be entitled to compensation. In some other states survivors can file their own cases but not in Florida.
If your sister has been appointed the PR of the estate she has to file the case. If she does not do you you have have a lawyer petition the court to address this. In the lawsuit filed by the PR all of the survivors must be identified so that they can participate. Survivors who are not the PR can elect to hire their own lawyers. Generally, the probate lawyer will not be the lawyer filing the wrongful death case. You should be sure that an experienced trial lawyer is handling the lawsuit if you are not the PR of the estate.
