Q: can I be denied to be executer of husband estate from probate for a medical malpractice case
my husband and I have been together 11 years. We had a up and down relationship due to his mental health issues. It cause him to be violent at times which caused domestic abuse. He recently passed in a facility and I contacted a lawyer to look into his death because I felt something wasn't right. he said if it went to probate there would be an issue because we went to counseling. I also filed for divorce in the past but never acted on it to give him an ultimatum to get help(was advice by a councilor) he said that would effect that as well. he wouldn't go into detail and do I have rights? I'm raising 4 kids 2 which are ours. One is 4 and one is disabled severely. I want to make sure they are both protected and our severly disabled son has a good life. sometimes unless you live the life you don't understand all the needs he will have
A:
Based on what you've said, there seems to be no reason why you couldn't act as the independent administrator. You should contact an attorney who focuses his or her practice on probate, and he or she can also point you in the right direction to find an attorney who can look into your husband's cause of death. You likely won't be able to get medical records until after a probate estate is opened.
If you have any questions, please feel free to call us at (312)300-4743 or email at sms@sexauerlaw.com
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