How do I get appointed personal representative of my brother's estate so I can file a medical malpractice lawsuit?

Attorney answers (4)

1. Licensed in CA

   

   Kamala Maddipoti

   Cupertino Business Attorney

   Contributor Level 8

   3

   Lawyers agree

   Answered February 02, 2013 17:41. An Administrator will be appointed in your case where the decedent died intestate that means without a will. If your mother fails to claim appointment, the court may appoint anyone who claim priority for appointment. You can also seek help from self help centers in filling required paper work.

   DISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't... moreDISCLAIMER—This answer is for informational purposes only. It doesn't constitute legal advice. This answer doesn't create attorney client relationship. less

   • Mark as helpful
   • 1 comment
   • Flag
2. 

   Todd Hendrickson

   Saint Louis Medical Malpractice Attorney

   Contributor Level 13

   4

   Lawyers agree

   Answered February 02, 2013 18:27. You need to do two things. First, contact a probate attorney to open the estate. Second, have a malpractice attorney obtain and review the medical records.

   This answer is provided as a public service for informational purposes only. Providing this information does not... moreThis answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see www.hendricksonlaw.com. less

   • Mark as helpful
   • 1 comment
   • Flag
3. Licensed in CA

   

   William DaleyPro

   San Diego Medical Malpractice Attorney

   Contributor Level 15

   

   EmailVisit website

   2

   Lawyers agree

   Answered February 02, 2013 19:49. As the others have suggested you need to go to court and file the paperwork and asked the court to appoint you as the executor or Administrator of the estate.

   I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... moreI will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com less

   • Mark as helpful
   • Flag
4. 

   Chris LimberopoulosPro

   Medical Malpractice Attorney

   Contributor Level 15

   2

   Lawyers agree

   Answered February 02, 2013 17:21. You really should hire a probate lawyer.
   Use the Find A Lawyer tab.

   • Mark as helpful
   • Flag