As you may be aware, the two worst major insurers in the U.S. are Allstate and State Farm. The good hands and good neighbors stuff in their ads is baloney. They don't tend to treat claimants fairly compared with their better competition.
Your attorney is the only one who can answer your question. In many cases, when you reject an offer there won't be another one (or any new one will be close to the old one), and you're gambling that you may do better at trial (your lawyer can assess if...
The answer depends completely on the exact wording of the will (and perhaps on what was not put in it). Well-written wills contain the answer, and the answer can either be yes or no. Showing the whole will to a lawyer will get you a quick answer.
This is an issue that can generate court battles. To read one that reached the Georgia Supreme Court less than a year ago look at Stewart v Ray http://www.gasupreme.us/sc-op/pdf/s11a0777.pdf
Make sure that a lawyer assists in this probate...
You haven't said what the monentary payments are.
Some judgments are not dischargeable in bankruptcy (such as damages from a DUI, child support, fraud, alimony, many taxes and student loans). Others are.
As a general rule, it is far better to file before than after a judgment. Once there is a judgment, the prevailing party could promptly do granishments, etc against you, and also that judgment becomes a lien on your property, which increases the cost (in some cases) of bankruptcy....
Powers of attorney and wills are opposite. A designation of an executor under a will takes effect only AFTER death AND only AFTER a court approves the probate filing. The title means nothing now. A power of attorney is a separate document which only covers what is in the document and can only be effective before a person dies.
You need to have a family meeting to determine if there IS a separate power of attorney, and if not, why family members are acting illegally.
If you never paid the damages and the insurer or other party makes aproper claim, your license will be suspended for life. Your options are pretty simple: (1) you can work out a deal with State Farm if you and they can reach an agreement, or (2) you can see a bankruptcy lawyer. (On occasion you may have option 3 - a fight about the accident and any judgment, but ten years later that may be expensive and futile). If you are eligible for a bankruptcy discharge, you may wipe out the debt and...
Most online wills are less than optimal at best, and garbage at worst. Unless you want to hurt your family, do NOT even think of doing this online. Few things cost less with a lawyer than a will, and few things are more expensive to fix when done pro se. The decisions that need to be made require a specific interview - without knowing your finances, family situation, insurance, retirement, assets, debts and wishes, there is no way to tell you what to focus on. And in some cases, other...
DON'T CASH THE CHECK AND STOP TALKING TO THE INSURER! It is very likely that they are trying to cheat you and cauyse you to release future claims. You should already have hired a lawyer, and need one now. That is the only way to get a proper settlement. You will get ripped off badly by dealing direct with the insurer.
It sounds sadly that you hired one of the bankruptcy mills, rather than a sole practitioner or small firm where you meet and work with the lawyer who is going to court with you. That really matters a great deal to clients, but once you file a case and pay, it's pretty late in the process to change.
You could certainly seek a second opinion to review your case with another attorney such as myself just to make sure nothing major appears wrong, but the main thing your post may do is warn...
The way you posted, no. But I'd want to see the deed as you may have omitted other language that changes the answer. If the answer is no, a probate is needed and some serious effort to locate family is needed. If the answer is yes, no probate is needed. Edith needs to see a lawyer ASAP.
There are two ways he could be responsible.
One will be if he signs anything at the hospital that obligates him, and if he has done so (it's pretty common), he's responsible for what he signs.
Also, if she passes away, in probate, her debts must be settled before heirs get paid, although there are sometimes ways around that (such as year's support) to discuss with a lawyer.