My dad died and he had a wrong ful deth law suit going befor he died and the it went in to probat the kids suferd to

Asked over 4 years ago - Saginaw, MI

my mom saide its all hers can i do any thig about this i am named on the inherdines right along with my mom

Attorney answers (3)

  1. John S. Hone

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Your question is a tad confusing. Did your father have a personal injury law suit going, and in the course of the case he diied? I would assume that he diied as a result of the negligence in the law suit, and it became a wrongful death lawsuit. Because the deceased is your father, you are a member of the wrongful death estate. Because you are a child of the deceased, you had a claim against the settlement proceeds of the law suit. A Guardian ad Litem should have been appointed to protect your interests in the proceeds of the law suit. Did you have a guardian ad litem? If you did, I would assume the GAL would issue a report reccomending that you get a share of the settlement. John Hone.

  2. Claude Armand Wyle

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I only know California law, so you should immediately consult with a local attorney who is experienced in wrongful death claims in your state. Your right to make a claim under the California Wrongful Death statute depends on your relation to the decedent. If you are next in line under the California laws of intestate succession, you should have a right to make a claim for wrongful death. If your father had already started the claim and filed a lawsuit , here in California you should be able to have an attorney substitute you in as a plaintiff. If the claim was for the loss of one of your father's children, perhaps your mom is the only correct plaintiff remaining. You should consult with a personal injury attorney who practices in the state where the wrongful death case is venued, since laws vary from state to state. Good luck, Claude

  3. Walter Kane

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Sorry to hear that your dad died. My condolences to you and your family. Your question is a bit confusing. I think you are asking that If your dad had a wrongful death law suit pending before his death, whether you can take over as a plaintiff since you are one of your dad's heirs. If I have accurately phrased your question, then the answer depends on many factors. One of them is the wrongful death and probate laws in Michigan. I advise you to contact a personal injury attorney in the state you live to discuss the matter further.
    Thank you,
    Walter Kane M.D, J.D.

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