Legal Question in Wills and Trusts in Washington

Should I wait to sign probate papers until a lawsuit has been filed or before?

My Mother passed away about a year ago and the lawyer would like us to finalize probate papers. We had a lawsuit against a party conserning her death and the lawyer dropped our case. My question is should I wait to sign these papers until after I talk to other attorneys about picking up our case or is it okay to sign the papers and not complicate any future situations regarding the estate. (The estate is fairly small)

thank you


Asked on 3/21/06, 11:37 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Should I wait to sign probate papers until a lawsuit has been filed or before?

If the Estate has a claim against a person or entity arising out of the circumstances of your mother's death, that claim could be compromised beyond repair by your agreeing to close the estate.

I think it would be very much in your best interests to understand fully why "the lawyer dropped your case". Could be any number of reasons and I'm relucatant to speculate without a lot more information.

The estate could be larger if the estate has a valid claim, and the estate will essentially cease to exist when probate is closed.

Please ask the lawyer if he can explain why he dropped the case, so that you can learn if there is a basis to hire a new lawyer and keep working on a resolution.

If the answer does not make sense, look for another attorney who does wrongful death actions and discuss the case with the new lawyer.

I would be happy to give you a referral.

Elizabeth Powell

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Answered on 3/22/06, 9:04 am


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