My mom (IL resident) passed away in the midst of an ongoing lawsuit pursuing damages from the drug Taxotere. The Minnesota law firm requested Letters of Administration authorizing someone (spouse) to act on her behalf going forward .
There is no probate. The Family Trust was the beneficiary of her Will, which my father is the surviving spouse and Trustee.
How do we continue without filing Probate?
I’m not sure you can act without probate. At the least you’ll need a court to recognize a special administrator to pursue the lawsuit.
It is most important that you retain the services of an experienced personal injury attorney who will advise you of your rights and obligations under the law.
No attorney client relationship has been formed until you sign a representation agreement.
If the Taxotere caused your mother's death, the Wrongful Death Act of Illinois, 740 ILCS 180/2 provides that any surviving family member may sue in his or her name (here, your father). If there was no nexus between the drug and your mother's death, contact your attorneys in Minnesota for further direction, explaining why the estate is not subject to probate. They are probably taking a 33%-40% fee + costs.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline