Dyer, TN asked in Wrongful Death for Tennessee

Q: Is there anything that can be done after an heir signs off on an estate? My niece is an heir to a wrongful death suit.

The lawsuit was nondisclosure and her mother told her that the lawyer said everyone would lose all proceeds if she sues because no one is allowed to say what the amount is. She doesn't know what she is even entitled to, but it is much more than offered. She is 20 years old. She absolutely did this under duress because she was pressured and lied to. Also, what avenues are available for prosecution of the mother. This is a horrible miscarriage of justice. My niece has been robbed by her mother with the help of her lawyer.

The probate has not been closed yet, but this didnt go through probate, but isn't it still part of the estate and is there any way to keep the probate open and get the court to address this matter? Could I send a letter to the probate judge or to whom it may concern? Would she even receive it and could it help in any way?

Related Topics:
1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: The Niece needs to hire an attorney. It is not your concern. She may or may not have received consideration, but I suspect you have no knowledge. I do not know who the Decedent was, but it is possible the Mother is entitled to a larger share than others, or an equal amount. It may even be a structured settlement You could hire an attorney to represent her, but she is the one who has to look into it. It is possible that the cause of action was an Estate Asset, but why is there an Estate unless the Mother was the Administratrix who filed Suit? The Niece and/or her attorney needs to read the Probate File at Court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.