Hello,My father in Law recently passed away and as part of trying to file a Lawsuite against the homwe he was in fro neglect and possible abuse I spoke to an attorney and he told me that his wife would have to open his estate and I'm confused why this would be needed as part of the possible law suite? Jim

Hello james:

I agree - you're confused. But, I don't know what the lawyer was telling you. I think you need to go back to him and ask him to explain it again. Don't leave his office until you DO understand. I don't care if HE likes it or not.

excon

Hello,My father in Law recently passed away and as part of trying to file a Lawsuite against the homwe he was in fro neglect and possible abuse I spoke to an attorney and he told me that his wife would have to open his estate and im confused why this would be needed as part of the possible law suite? Jim


My "guess" - and it's just that, a guess - is that the Attorney is telling you your father-in-law's ESTATE would have to file the claim, not just your mother-in-law and, therefore, when he says "open the estate" he means file for probate. Just a guess but it is a possibility.

I have done background investigations on a couple of these cases and, looking back, in every case the Plaintiff was the deceased's estate -

Can't rate Judy's response so I will add my agreement. That's exactly the way I interpreted it. The estate has to file any legal action and that means filing for probate to setup the estate as a legal entity with an executor. .

I also agree with what excon said. If a lawyer says something you didn't understand then go back and make sure he clarifies it.

Yes first a son in law has no legal standing, even the daughter would not have legal standing unless she was over the estate. If the wife is alive, unless the will names someone else, she would be over the estate.
Only the estate has standing in law to sue on behalf of the dead person.