Legal Question in Wills and Trusts in Massachusetts

Re: Pending injury claim

First my condolences for your loss.

Assuming your husband had a Will, you should open an estate and have yourself appointed as Executor. If your husband had no Will then you should open an estate and have yourself appointed as executor.

Once you are appointed as Executor, you will have the ability to settle the case for your husband's estate. You will have to ask the Court for authority to do so, but that should be no problem.

Your attorney should know how to do this, if not he can contact any attorney who handles probate matters to handle this.

Good Luck.

Re: Pending injury claim

In order to settle the case, you need to petition to probate or administer your husband's estate. Once the court gives you the legal authority to represent the estate, you can proceed with the settlement.

I handle cases in the greater Boston area and Worcester County. Please feel free to contact me if I can be of assistance.