When a person dies because of someone else’s wrongful act, a Personal Injury Attorney can bring a case to compensate the estate. To bring this action, though, the estate must be opened. Probate for wrongful death cases is a particular skill set learned over many years. We have that experience. While many excellent lawyers can bring a wrongful death action, not many lawyers have experience managing Probate for Wrongful Death Cases.
While Personal Injury Attorneys are good at suing people, the often are not experienced with Probate. Furthermore, most probate estates have assets other than the wrongful death case or have complex family dynamics. As the Executor is personally liable for any mistakes, retaining an experienced Probate Lawyer makes sense. Our Probate Lawyers are excellent with probate and with working with Personal Injury Lawyers in the opening and managing the Wrongful Death Action. While we don’t sue anyone, we are excellent at handling the probate side of the case.
Think of this process like building a house. While you could pay the plumber for both the plumbing and the carpentry work, it is better to let the plumber do the plumbing and the carpenter the carpentry. In the end, your house will benefit. Personal Injury Attorneys are excellent at pursuing the wrongful death case, but they likely have little experience with estate related tax returns, ancillary probate, guardianships, protective trusts and other probate-related matters that might arise.
Here are some links to articles on questions clients, beneficiaries, and Trustees ask:
If you have any questions about The Probate Process for a Wrongful Death Case or any other estate administration topics, feel free to contact us to schedule a free consultation. For more than two decades Klenk Law has focused only on Estate Law. We’ve seen it all, and this experience allows us to explain complex estate law and planning techniques clearly and concisely. We make it easy for you to understand The Probate Process so you can make the best decisions for yourself and your family.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
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