She was in the middle of a settlement where she was in a car wreck before she passed away. I have p.o.a. over her estate an filled out the paperwork on lawsuit but never heard anything an now I don't know even the name of the ins. Agency she was suing.
Was your mom represented by an attorney for the car wreck? If so, just contact said attorney. If she didn't have an attorney, you can contact the law enforcement agency where your mom had the accident and get a copy of the accident report. The insurance company's name will appear on the report and you can then contact them. You will have to prove you are the Personal Representative of your mom's estate for the insurance company to correspond with you. You will likely need a judge to approve any settlement and for the insurance company to issue the settlement funds to the estate. You should consult with a local probate attorney to walk you through the process.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
I agree with the advice you have already received. If your mother had an attorney, that should be the person you contact. If not and you are planning to serve as or have already been appointed personal representative (power of attorney would no longer be valid after her death) then you will need assistance from an attorney to press your claim on behalf of your mother's estate.
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Hopefully your mom had retained a personal injury attorney prior to her death. If so, contact that attorney. If not only her personal representative can contact the insurance company. If she had a will, the personal representative is hopefully named. If not, the personal representative would be named by the Court. If your mother had no personal injury attorney dealing with the insurance company, the personal representative would be well advised to retain a personal injury attorney to deal with the insurance company.
Dr. Michael G. Sribnick, Esq. personal injury attorney in Charleston and Columbia, S.C.
Michael G. Sribnick, M.D., J.D., LLC
The answer to this question does not establish an attorney/client relationship nor does it constitute legal advice.
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