In order to file a personal injury lawsuit on behalf of someone who died, an estate must be opened on their behalf. We work with personal injury attorneys to ensure that the estate is opened and administered properly. Most commonly, the estate’s claim is for an injury or death that occurred as a result of action or inaction on the part of a healthcare facility such as a hospital or nursing home. Hays Firm’s role is to open, administer, and close the estate and make sure the proceeds of the lawsuit are properly distributed and approved by the court.
In many cases, the loved one passed away unexpectedly without leaving behind an estate plan. If a will was not filed outlining the specifics of the distribution, the Court decides how to distribute the money to the heirs based on intestacy laws. On the other hand, if a person left behind an estate plan, the typical probate process commences in which the Court appoints a representative to administer the Estate. If you would like to learn more about the probate process, click HERE.
Although we work alongside personal injury attorneys, we are unable to provide details about the settlement or lawsuit in question. We solely advise on issues pertaining to the person’s estate and assets.
