Legal Question in Wills and Trusts in Massachusetts
killed by drunk driver
my brothers wife was killed 2 months ago by a dui and there is no will nor any property car she was killed in total loss was in her name with insurance in her and my brothers name .he is being told that he needs to become executor of her estate and to provide a surety bond and if he has bad credit will that hurt him. she lived in RI. but was killed in MA.
4 Answers from Attorneys
Re: killed by drunk driver
He would open an estate in RI and bring an action in MA. The Surety bond as administrator is based on the value of the estate. A Plaintiff's attorney would assist him in opening an estate for purposes of bringing suit against the driver and his/her insurance company.
Re: killed by drunk driver
He will have to become an administrator of her estate in RI. Typically the price of a surety bond is set in accordance with the value of the estate. If he wanted to bring a case for wrongful death, that case would be brought in MA.
Re: killed by drunk driver
Your brother needs to speak with an attorney licensed in Massachusetts regarding filing suit and/or making claims for underinsured/uninsured motorist coverage. Becoming executor of his wife's estate is a simple process.
Re: killed by drunk driver
As has already been said, your brother needs to get in touch with two attorneys: one to assist you in commencing probate of the estate (including getting your brother appointment as quickly as possible as administrator) and then another attorney here in Massachusetts to assist you in exploring the possibility of a wrongful death lawsuit against the drunk driver and his/her insurance company.
Do not delay and, whatever you do, do not believe what the driver's insurance company tells you, and do not provide them with any statements or other information.
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