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?
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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.
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