Legal Question in Federal Tort Claims in California

Re: Tort Claim from Estate of

I am very sorry that you lost your husband.

You did not provide any facts about the tort claim, or whether it is possible that you yourself might have a wrongful death claim (in other words, the government, a government employee, or someone else, caused his death through negligence).

If you were to commence a probate court proceeding, you would presumably be named the administrator, or personal representative, of his estate. This course of action may well help you in pursuing his existing FTCA claim, and you may also wish to file your own FTCA claim. If he had children or other heirs, the personal representative could file a claim on their behalf as well. It may also be to your advantage to open an estate in order to deal with any property issues that may arise with regard to your late husband.

I realize this is all very complicated and it is probably too soon for you to want to deal with any of this. Please feel free to contact me at any time of the day or night if you wish to talk about the VA claim, or any other concern.

Re: Tort Claim from Estate of

What they mean is that you need to file a probate petition in court, to have you named as the person in charge of his estate, with authority to continue as his representative in the claim he filed. The process depends upon the value of his assets, including this claim.

Before deciding what to do, you need to determine if this claim has any merit and value, now that he is dead. If so, then you should get counsel to pursue the claim and required lawsuit, as well as the probate filing. Feel free to contact me to discuss the facts.