Q: Can I file a wrongful death lawsuit even it if's just my aunt and not my mother that died?

A: Usually, immediate family members have the right to file a wrongful death lawsuit. Your ability or standing to file such a case will depend on if there are other immediate family member and if your aunt left a will. If your aunt left a will, the executor of the will would likely be the person who is entitled to initiate a case. If you were close with your aunt, you may have grounds to file a lawsuit. If there are other family members who also assert a right to file a case, a judge would likely have a hearing prior to the distribution of any settlement proceeds. As you can tell, these situations become complex and it is best to meet with an attorney who has experience with wrongful death litigation who can help advise you of your legal rights and options under Illinois law. Good luck to you.

A: An estate needs to be raised. The estate has a claim. A spouse has a claim. Minor children have a claim. In some states under certain circumstances the adult children have claims. But nieces and nephews can't do anything. You can ask the surviving immediate family if they would mind if you explored the possibility, and took it upon yourself to be administrator of the estate in which case you file papers of administration which includes a renunciation signed by each of the immediate family.You would want to consult a member of the Illinois Trial Lawyers Association--they give free consultations.