Newtown, PA asked in Probate and Estate Planning

Q: my brother dies a few days ago. He has two kids, one 35 and other 30. On the will it list daughter as executor.

My brother dies a few days ago. He has two kids, one 35 and other 30. On the will it list daughter as executor. also daughter is beneficiary of 1/3 of estate, son is beneficiary of 1/3 of state, and myself is 1/3 beneficiary of state. His two kids, are not perusing a wrongful death suit. I myself was his brother, and following his cancer journey for 3 years, until his death. I myself find doctor responsible for shorting his life. According to New Jersey law I read, I have no right to sue the doctor. the suits have to be brought on my the executor of will, which is his daughter title. (Is there anything I can do to peruse a lawsuit if I am his brother or am I out of luck. (If I was the executor on the will, would I have the right to sue, even though, his closes blood is son and daughter. Thank you.

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: You could hire a probate litigation attorney to help you file an objection to the daughter being appointed executor and to have yourself appointed instead. The reason would be that the executor's job is to marshall all of the assets of the estate, and she is failing to pursue a large asset. You might have to present a certain amount of evidence of the "case within the case", i.e. that the wrongful death case is likely to succeed and be cost effective for the estate to pursue. Do not delay. There are tight deadlines involved both in the probate case and the malpractice case.

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