Legal Question in Personal Injury in Texas

wrong death lawsuit

My daughters father was killed in a car accident and she was the sole heir to his estate. His mother has got an attorney and is filing a wrongful death suit.

the papers sent to my daughter read as follows

Betty --------(individual) and on behave of the Estate of Terry ------(deceased) and Amanda ---------.

ok my question is:

Who is sueing?

is it Betty on the behalf of the estate along with my daughter or

is Betty representing both her deceased son and my daughter?

My daughter was 18 at the time of his death and is 20 now.

Would Betty have complete say as to how the money is divided up?

Asked on 6/06/08, 8:25 am

5 Answers from Attorneys

James Grissom Law Office of James P. Grissom
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Re: wrong death lawsuit

Right now the widow is controlling the lawsuit. Your daughter has an interest in the lawsuit. She needs an attorney to represent her interest. If she wants my assistance in this matter, ask her to contact me by email.

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Answered on 6/06/08, 8:45 am
Donald McLeaish McLeaish&Associates;, P.C.
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Re: wrong death lawsuit

Distribution will be made by the Court ..but your daughter would be wise to get a lawyer...and you could call the lawyer who filed the suit..as he may want to represent your daughter and tell you it is for her..

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Answered on 6/06/08, 9:13 am
David Leon David L. Leon, P.C.
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Re: wrong death lawsuit

Your daughter should get her own lawyer to ensure her interests are protected, especially if there is limited insurance. Your daughter has her own causes of action, and needs counsel to ensure they are prosecuted with her interests in mind. Right now, that is not the case. Get her a lawyer, NOW.

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Answered on 6/06/08, 9:17 am
Roger Merrill Merrill & Associates
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Re: wrong death lawsuit

Apparently, Betty controls the Estate's cause of action, i.e., the lawsuit to recover the $ it will receive due to her son's losses. If Amanda is a beneficiary of the Estate, then she will receive her portion of the Estate's recovery. Amanda also has her own cause of action for the loss of love and companionship of her father.

She should hire an attorney who is board certified in personal injury law to represent her. If she needs an attorney, please have her contact me.

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Answered on 6/06/08, 9:22 am
Daniel Ross Ross Law Group
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Re: wrong death lawsuit

I am sorry to hear about the loss, and I hope your daughter is coping well. Betty is pursuing the claim on behalf of your daughter, but Betty is in control of the situation. Your daughter, as the sole beneficiary, needs to hire her own attorney to look out for her best interests.

Betty may be attempting to push your daughter out of her share of the recovery, especially if Betty waited until the statute of limitations had nearly lapsed before filing the claim. We have dealt with this situation before, and would be happy to discuss the matter with you and/or your daughter. Please do not hesitate to contact us.

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Answered on 6/06/08, 10:19 am

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