Wrongful Death

1 Answers. Asked on Mar 02nd, 2017 on Trusts and Estates - Ohio
More details to this question:
My son was hit by a vehicle back in Sept 7,2016. I had an attorney to take case to probate. My son never had nothing for estate claim. The ppl who hit him took cleaned their vehicle with clorox to whip evidense away. One month into the case my attorney called told me that without going to court the judge appointed his daughter who was in his life total of 2yrs. I have no problem with this but it did not go to court to appoint any one. they finally know who was driving that day and it was the woman. What are my rights to this? Or do I even have a right even tho I am his mother and he lived with me?
Answers Showing 1 out of 1
Ms. Maryellen Sullivan, Esq. at Law Office of Mark Standen, LLC
Licenced in ME
Answered on Mar 02nd, 2017 at 8:45 AM

I'm sorry to hear of your loss.  It sounds like your son's daughter was appointed the executor of his estate, so she is the one who would need to represent his estate in any law suit.  If you want to represent his estate instead, you would need to petition the court that appointed his daughter to remove her and appoint you as executor.  If she does not file the wrongful death for the estate, that may be sufficient grounds for the court to remove her.  Please note that there is a two year time limit for wrongful death actions so any law suite needs to be filed by Sept 7, 2018. 

Also, it is not unusual that she was appointed to represent the estate without a hearing.  If she was named in his Will as executor she had priority to be appointed.  Otherwise all heirs and beneficiaries have equal priority. 

It depends on the specifics of your situation with your son, but parents can receive part of a wrongful death award.  This is determined by the court as part of the lawsuit. 


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