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Can you file a wrongful death suit against a sibling?

Southaven, MS |

I was next of kin when my brother (6 years younger) had my mom removed from life support without calling me. She had the accident on a Saturday night. He pulled the plug in the wee hours Sunday. I didn't find out about it until it was too late. Then he had his personal belongings and his family moved into her house before she was in the ground not to mention he provided a false will from supposedly 12 years ago. I was next on the will to receive money so I should of been the executor but the probate judge in Alabama didn't see it that way. Isn't there something I can do?

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Attorney answers 4


You have two different issues going on here. The first is the easier issue to deal with. In terms of pulling life support, before a hospital does this, there are tests performed and they don't just pull the plug if a person has any reasonable chance of recovery without ventilatory assistance. If the accident was due to someone's fault, that is the person to sue, not your brother. With respect to the will, you need to tag your question to get answers from probate attorneys, as that is not an area I feel comfortable answering questions on. When did this all happen? That is a big issue.


I presume you mean the hospital disconnected life support from your mother with your brother's approval. If that is the case, I don't see any cause of action against him. Regarding the will, I'm unsure that would make it false. A 12 year old will can be valid. You mention Alabama, so I am slightly confused as to where this took place. Consider taking this to a lawyer of your choosing for specific advice. If the probate took place in Alabama, you should consult a lawyer licensed in Alabama.

This creates NO attorney-client relationship and all answers are for general information. All persons are encouraged to consult with a licensed attorney of their choosing for advice specific to their need(s).


Hire a probate attorney in Alabama to review the situation in detail.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.


It is doubtful you can do anything via a lawyer to address the situations you described. I would suggest you look forward in your life and let this go. Continuing to dwell on these things is not productive.

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