Q: do i have to keep the probate open if all claims have been paid but I am bringing a wrongful death lawsuit?
I filed a wrongful death action as spouse and PR of my husbands estate. All claims have been paid. Can I close probate boot keep the wrongful death action going it is a civil action not probate. I hate probate.
It may depend on the nature of the claims and the plaintiff's and/or statutory beneficiaries in the wrongful death action. Ask the lawyer you are using in your wrongful death case (and/or your probate lawyer).
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
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