Q: My mother is filing a claim on behalf of her deceased father. Her deceased sister had power of attorney. How does she?
My mother needs to show herself as Power of Attorney to file a claim on his behalf. This is with regards to Tronox Tort Claims Trust from Eastern Pennsylvania. How do I go about making her the Power of Attorney?
A: I suspect that you are confused. A Power of Attorney expires, as a matter of law, on the death of the person who gave it. Thus, the fact that the sister had a Power of Attorney is irrelevant because that Power of Attorney expired on the father's death. From what you are describing, I think that your mother is being told that she must open an estate from your father so that she could be appointed as Executrix, if there is a Will, or Administratrix, if there is no Will. She would then be authorized to submit a claim on behalf of her father's estate. She should consult with a lawyer to do this because a lot more will be required for administering the estate than simply submitting the claim you refer to.
A: Mr. Scoloblionko is correct. There is a possibility your mom may have an "derrivative" claim as surviving spouse and I'd suggest she contact a member of the Pennsylvania Assn for Justice who handles asbestos claims. If you need names let me know.If your mom has had breathing difficulties it may be appropriate to have her tested as some family members have had contact as a result of doing laundry,etc.
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