Legal Question in Personal Injury in Oklahoma

Wrongful Death of Mother

Do I have to be the personal representative of my mother to file a wrongful death against a nursing home in Oklahoma? My brothers don't want to do anything. One brother was POA when she was alive and the other was named executor on my mother and father's will. Both my mother and father are deceased. The will was never probated and the executor will not probate the will. My mother quit claim deeded her house to my brother approximately 13 years ago. She entered a nursing home in 2004 and died Oct of 2008. She was sent to the hospital from the nursing home with a UTI that progressed to pneumonia then sepsis.


Asked on 12/13/08, 7:44 pm

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: Wrongful Death of Mother

There are possibly many legal issues in your question, including civil procedure, probate, negligence, standing, and maybe more. Generally you need to be the representive of a deceased party, but I would suggest you consider contacting an attorney who can help you work through what sounds like a fairly complex situation.

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Answered on 12/14/08, 5:07 pm


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