Legal Question in Civil Rights Law in California

Brother was in a hit and run and dies at hospital. Was 23. I took care of him when mom passed away. He was 15. I became legal guardian due to dad not being there for us. Now i am trying to sue restaurant where brother was hit due to valet issues. Lawyer is telling me father is benificiary even though he was never there for us. Wants me to try to get us talking but i cant. Am i screwed or do i have case without dad. I have paperwork i took guardanship of him.

Asked on 9/24/13, 5:42 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

I don't understand why your attorney is not advising you to file in Probate Court to be representative of the estate with authority to pursue the legal action, based upon your relationship. The 'heirs' issue is separate from that, and will be determined later as part of the ruling on who shares in the estate, and thus the proceeds from the lawsuit. If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 9/25/13, 3:13 pm


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