Legal Question in Personal Injury in Michigan
Wrongful death
I'm wondering if I fial a wrongful death suit for my father, who is no longer with us.And my mother chooses to not be personal represenative. If the case is won, will the money go to me, because I'm the personal represenative, for me to disburse, or will it go to my mother when all is said and done. She wants me to fial and does not want to go to court because she can't remember times and events.
4 Answers from Attorneys
Re: Wrongful death
You can file as Personal Representive, once you are so appointed. The distribution of the assets of any settlement or judgment will be determined by the court.
You didn't say what the basis for the wrongful death might be. I would be interested in speaking with you in this regard if you have not yet retained counsel.
Don Darnell
734/544-7676
Re: Wrongful death
You can file the case. The ultimate distribution will be based upon the loss of the family members. The trial judge will have to approve any such distribution. Have you seen a lawyer yet? What is the basis of the wrongful death claim?
Re: Wrongful death
Hello, I have received a copy of the wrongful death question you have posted. The Personal Representative is the only person who, by law, is authorized to file a suit on behalf of the estate of the deceased. It can be your mother or you. The Personal Representative does not decide who gets what. That is a separate issue. The Personal Representative only decides whether to settle the case for an amount that has been offered by the defense. If the parties agree to how the proceeds should be split, then the Court will usually approve that determination. Please contact me for further information. Litigation of cases such as this is one of our firms areas of concentration. John C. Talpos (http://www.Mich-Lawyer.com)
Re: Wrongful death
We are very sorry to hear about your loss. Unlike some other states, a spouse is not required to serve as Personal Representative ("PR") in Michigan so you may serve as PR.
If the case is won by you, the distribution of such proceeds will be determined by the court (through the wrongful death statute).
The significance of being appointed PR is that you are the legal representative for the Estate. You decide if for example a settlement offer is agreeable.
We are intersted in speaking with you about your case. Please contact us at your convenience at (800) 209-4000.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
