Legal Question in Wills and Trusts in Florida
Distribution of money
Original estate for a relative has been settled since her death. About 18 months afterward I decided to sue a nursing homefor abuse of my relative. I was told by my lawyer that the case has to be put in the name of the relative and her estate. I have a good chance of winning the case. The problem is that the original estate and will divided assests to myself and 4 others. Since I the only one involved now, do I have to divide?
2 Answers from Attorneys
Estate Claim for Deceased's Abuse
FACTS: Estate for relative settled after her death. About 18 months afterward decided to sue nursing home for abuse of relative. Told by my lawyer that the case has to be put in the name of relative's estate. Original estate given to 5.
Q. Do I have to divide?
A. Your atty. is correct. Your relative was hurt, and it is the estate's claim to make. You are not the only one involved. The other four have an interest. Contact them and have them assign their interests to you. However, you may be out of time to sue the nursing home. Have your atty. check the statute of limitations.
Re: Distribution of money
You say you have a lawyer in this matter and so I think it best you consult with the attorney you have retained. As an aside, I think the fair thing to do is divide the money.
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