My mother doesn't want to file a medical malpractice lawsuit for my brother who passed away under a doctor's care. Since by law, she is next of kin and would be the only one who can file, would I be able to petition to the court to be appointed personal representative of my brother's estate so that I can file? How would I go about doing this and how long would this process take?
You really should hire a probate lawyer.
Use the Find A Lawyer tab.
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 create attorney client relationship.
Medical Malpractice Attorney
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 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.
DUI / DWI Attorney
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 matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com