Legal Question in Civil Litigation in Illinois

Hello, My mother died in a nursing home

From a very bad fall and died. Can my sister

Who was her power of attorney file a wrongful

Death suit and receive a settlement and not

Include my sister and I ? And how could we find out

If she has? Thank you!


Asked on 2/24/15, 9:32 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Hello. You should hire a lawyer immediately to look into this very unfortunate occurrence which led to your mother's death. That would be the best way to protect your rights from your sister. Any power of attorney that your sister had ended when your mother died. Therefore, she has no more of a right to file a lawsuit than you. In order to file a wrongful death action, an Estate would have to be opened and you or one of your sisters would need to serve as the Administrator of your mother's estate. My discussion here is just the "tip of the iceburg" because this is such an involved and complicated process. You do need representation. Your best course of action is to hire a lawyer immediately. I hope my comments have been helpful.

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Answered on 2/25/15, 7:46 pm


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