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-   -   Opening estate (https://www.askmehelpdesk.com/showthread.php?t=152319)

  • Nov 15, 2007, 06:03 AM
    james axe
    Opening estate
    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
  • Nov 15, 2007, 07:15 AM
    excon
    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
  • Nov 15, 2007, 11:51 AM
    JudyKayTee
    Quote:

    Originally Posted by james axe
    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 -
  • Nov 15, 2007, 11:56 AM
    ScottGem
    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.
  • Nov 15, 2007, 01:31 PM
    Fr_Chuck
    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.

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