what kind of lawyer do i need to sue my mother's estate and her representative

by Karine Swift 7 min read

Who is entitled to sue on behalf of a deceased person?

 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

Can I Sue my Family over an estate dispute?

What do you need to sue a lawyer?

Why should I Sue my Lawyer for malpractice?

 · 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What to do before asking the court to decide an estate dispute?

Before you make the decision to ask the court to decide an estate dispute (and tell your family that you’re going to sue them), explore the options for other potential resolutions. This approach requires talking with an experienced estate litigation attorney.

How does litigation affect a family?

Litigation can tear a family apart, inflicting damage that lasts forever. When family members disagree — and that disagreement escalates into litigation — it emotionally affects the parties involved in the case. Those emotions usually escalate over time as the legal process takes its natural course.

Why challenge an estate?

There are a number of legitimate reasons for challenging an estate, including: Problems with the validity of a will or trust based on legal requirements for execution; Issues of undue influence over the deceased person; Questions relating to the deceased individual’s legal capacity; or. Concerns about fraud or forgery.

Can family members take sides?

Other family members take sides, either outright or subtly by curtailing communication with one of the parties. In many cases, the disagreement envelopes the entire family. If you consider pursuing litigation against family members, you need to prepare yourself for the fallout in your family.

How long does it take to settle an estate?

Estate litigation involves a complex legal process. It can take years to resolve the issues. While the litigation is pending, costs add up for the estate and for the person initiating the action.

What is legal counsel?

Legal counsel representing both sides of the case charge fees. But there is more than just attorney’s fees to consider. A court action involves court costs, as well as expenses relating to gathering evidence, such as taking witness depositions and using expert witnesses (which is necessary in some cases).

Will there be a winner at the end of a court case?

Unless a court case ends in a settlement that satisfactorily resolves the issues for both sides, there will be a winner at the end. There also will be a loser. No one — including seasoned litigation attorneys — can ever predict with certainty how a court case will end.

Can you sue someone who has died?

Learn the rules for suing someone who has died. You can still file a lawsuit or collect a judgment even if the defendant has died. You will direct your efforts at the deceased person's estate–that is, the property the person left behind. And you must act promptly; if you don't, your claim may be barred by law.

Who is the personal representative of a deceased person?

It's conducted by the estate's "personal representative"–the executor named in the deceased person's will or, if there is no will, an administrator appointed by the court. Usually, the surviving spouse or an adult child is the personal representative.

What happens if you don't act in probate court?

Unless the defendant arranged for everything in the estate to pass outside of probate (by using a living trust or other probate-avoidance device), there will probably be a probate court proceeding.

How long does it take to get a death notice from a personal representative?

A personal representative who knows that you were owed money is required to send you, within four months after beginning to act on behalf of the estate, a notification of the death. The notice will advise you to make a claim by a certain deadline, set by law.

What to do if you don't get a notice of death?

If you don't get a notice of the death, you can still submit a claim. Find out whether or not there's a probate proceeding (and if so, who the personal representative is) by checking probate court records in the county where the defendant lived at the time of death.

How long does it take to file a claim against an estate?

If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.

How long do you have to file a death claim?

The notice will advise you to make a claim by a certain deadline, set by law. You will probably have at least one or two months in which to file your claim. If you don't get a notice of the death, you can still submit a claim.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is a defamation lawyer?

Defamation lawyers are a subset of civil litigation lawyers. You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What is business lawyer?

Business Lawyer (litigation or transactional) Many business owners assume they need a “business lawyer,” whatever the nature of the legal problem they’re experiencing. In fact, “business law” is too broad a category to be meaningful.

What is business litigation?

Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons.

What do you want from your ex wife?

You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need a family lawyer.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

Matthew T. Bracy

You cannot garnish wages in Texas, as some of my non-Texas colleagues have suggested. However, they are absolutely correct that you must take action on your judgment. A judgment is a right to collect, but does not collect itself (and the courts don't collect for you). You should contact a collections attorney for advice on how to proceed...

Pamela Koslyn

You already sued him and won a judgment. Now you need to "execute" (collect) your judgment. There are several choices: if he owns real estate, record an abstract of the judgment in the county where he owns property. You get paid when he sells or refinances. You can levy his bank accounts. You can garnish his wages.

James P. Frederick

You need to enforce your small claims judgment. You should check with the court to determine how to execute on the judgment. I do not know why you have waited this long, but the delay has not helped you. If you cannot get help from the court, then I would meet with a collection lawyer to determine what your options are.

What happens when you sue an executor of an estate?

As previously mentioned, when you sue the executor of an estate, they may be removed from their position. A few other things may also happen, such as damages being awarded to the plaintiff should the court find an executor at fault. Further, if the executor is at fault for any losses suffered by the plaintiff, the executor must remedy ...

What is an example of executor liability?

One common example of holding an executor liable is a judge removing the executor from their position, and appointing a new executor.

What does an executor do?

Additionally, the executor ensures that the debts of the estate and other financial matters are taken care of. An executor’s duties are numerous and they vary according to the nature of the estate involved. The executor must ensure that all of the decedent’s taxes and debts are paid, then distribute what is left to the appropriate beneficiaries.

What is the job of executor of an estate?

The executor must ensure that all of the decedent’s taxes and debts are paid, then distribute what is left to the appropriate beneficiaries. All of this is to be completed in accordance with the decedent’s will.

What is the duty of executor of a deceased person?

Simply put, fiduciary duty is the duty to protect and manage a deceased person’s property, in the best interests of the estate.

What are some examples of things an executor can't do?

Some examples of things an executor is not allowed to do include: Failing to follow the exact instructions of the decedent’s will, when exact instructions are available.

What is self-dealing in estate?

Using estate assets for personal gain, known as self-dealing; Refusing to give the heirs and beneficiaries what is rightfully theirs as dictated by the decedent’s will; or. Failing to follow the exact instructions of the decedent’s will, when exact instructions are available.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

What do you need to show when suing an attorney for malpractice?

When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.

How to win a malpractice case?

To win when you sue an attorney for malpractice, you need to show that: 1 The attorney was supposed to do something 2 He or she didn't do it (or did it wrong) 3 This resulted in a financial loss to you (losing the case or losing money)

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

Does losing a case mean you committed malpractice?

It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney fails to do something he or she agreed to in your contract?

If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an executor sue for wrongdoing?

Beneficiaries and other interested parties – anyone who has a personal financial stake in the estate – can file a lawsuit against an executor for wrongdoing if the wrongdoing results in a financial loss.

How to sue an executor for breach of fiduciary duty?

The Legal Process. When an executor breaches her fiduciary duty, you can sue her by filing a lawsuit for damages in civil court. You must establish that she does indeed have a fiduciary responsibility to the estate – she’s accepted the position of executor and this should be clearly confirmed by court documents.

Do executors have to notify the court of an estate?

Although the exact process can vary by state, executors don’ t always work under a legal microscope when settling an estate. After the initial flurry of court filings, they may not be required to notify the court of the estate’s progress until they file the final accountings with the court. This leaves a lot of time and opportunity ...

What happens if an estate loses money?

If the estate has already lost money or value, the accounting might provide pivotal, concrete evidence if you also choose to sue him in a separate civil action lawsuit. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years.

What is the fiduciary duty of executor of will?

Fiduciary Duty. The executor of a will has a fiduciary duty to the estate and its beneficiaries – an obligation to always act in their best interests and not her own. This prohibits her from taking certain actions: She can’t make risky or unsafe investments or transactions on behalf of the estate.

What is the duty of executor of a will?

The executor of a will has a fiduciary duty to the estate and its beneficiaries – an obligation to always act in their best interests and not her own. This prohibits her from taking certain actions:

Do executors have to send copies of wills?

You might begin with a review of the will and any and all documentation you’ve received from the executor – in many states, he has a legal obligation to send copies of all of his written activities and communications to the beneficiaries.

What is the process of suing on behalf of a deceased person?

A: Suing On Behalf of Deceased Person requires being appointed by Probate Court. If the deceased leaves a surviving spouse, and minor children under 18 years of age with whose support the deceased was legally charged, the court shall determine the amount, if any, to be set aside for the protection of the children after considering the age ...

Can a deceased person be sued for pain and suffering?

A: No. If the deceased was subjected to pain and suffering before death, the estate of the deceased is entitled to pain and suffering damages which have no limit and are based upon the nature and extent of the suffering as determined by the court/jury. Also, If the personal representative brings the action, the personal representative may also ...

What happens if there is no spouse in Wisconsin?

A: If there is no spouse that survives the deceased, the money or assets will go to the deceased’s lineal heirs as determined by Wisconsin Statute § 852.01.

What happens if a relative dies before judgment in an action?

A: In that case, if any such relative dies before judgment in the action, the relative next in order shall be entitled to recover whatever money there is for the wrongful death of the family member at issue.

Can you claim pain and suffering on a deceased person?

A: No. If the deceased was subjected to pain and suffering before death, the estate of the deceased is entitled to pain and suffering damages which have no limit and are based upon the nature and extent of the suffering as determined by the court/jury.

What happens to the estate of a deceased person who has been subjected to pain and suffering before death?

If the deceased was subjected to pain and suffering before death, the estate of the deceased is entitled to pain and suffering damages which have no limit and are based upon the nature and extent of the suffering as determined by the court/jury.

What can a personal representative recover?

Also, If the personal representative brings the action, the personal representative may also recover the reasonable cost of medical expenses, funeral expenses, including the reasonable cost of a cemetery lot, grave marker and care of the lot.