Q: I'm the executor of an estate
-- some of the parties who will receive money want me to also sue for wrongful death of the person that died. I'm reluctant to do that - am I the only one who can make a claim?
A:
The executor would not sue. The parties to a wrongful death action are "the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession."
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60.&lawCode=CCP
The executor might make a survival claim on behalf of the decedent, if any claims survived death, as the representative of the estate. Although you may be reluctant, this should be researched to determine whether you have a legal duty, as executor, to pursue that asset.
Alexander Bakhache Perez agrees with this answer
A: If you do not want to file the lawsuit, you may recuse yourself as executor and let the replacement do it. Thus, you do not enter into litigation with the possible heirs. You cannot please people all of the time. Talk to a lawyer near you. Best of luck.
Alexander Bakhache Perez agrees with this answer
A: You are required to examine all legal issues available and act in the best interest, you should talk to an attorney, maybe a few attorneys to help you decide what to do and if they can help you.
William John Light agrees with this answer
A: You should consult a member of CAOC in the county where the death happened. They give free consultations. If the others want you to take the lead you all should meet with the lawyer if you feel conflicted. Remember, in the bible it says when there are disputes ye shall come before the judges. People buy insurance to take care of those they harm. The only person that's happy if a claim isn't made is the insurance company.
William John Light agrees with this answer
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