my son passed and now his mother who lives in new york has got a lawyer to file a medical malpractice case and her lawyers have sent me limited letters of administration to sign and she is telling me i need to sign and send it back so she can proceed with the case. its doesnt sound right to me and i dont know what to do. he was my son also not just hers. is she trying to get me out of the picture to sue and leave me with nothing? i reside in texas and need all the advice i need. should i lawyer up also?
1 Answer from Attorneys
EIther surviving parent can be appointed Administrator of your son's estate for purposes of starting a legal action. From what you describe, your ex-wife is asking you to sign a waiver, allowing her to seek such appointment. Note that division of any funds realized by settlement or judgment would be determined at the end of the case by the court, and likely divided equally among your son's heirs, in this case both you and your ex-wife. If you do not want your wife appointed Adminstrator of your son's estate, do not sign the waiver. You will be cited, and given opportunity to appear at a hearing to explain your reasons. You might otherwise decide to write to the attorneys handling the medical malpractice case and ask that you be kept informed of all developments.
Good luck. VTY, M. E. Zuller