Ask a Lawyer, David L. Leon, Attorney, Dallas, Texas (214) 696-0021 » wrongful death

Who can bring a lawsuit for wrongful death?

David Leon — Sun, 05 Jul 2009 21:53:54 +0000

Wrongful death causes of action are controlled by Chapter 71 of the Texas Civil Practice and Remedies Code (CPRC).

Per Sec. 71.004, the surviving spouse, children, and parents of the deceased are the only ones who can bring an action for wrongful death.

If none of the individuals entitled to bring an action have begun the action within three calendar months after the death, then the personal representative of the estate shall bring and prosecute the action unless requested not to by all those individuals.

In most cases, it is advisable to have the wrongful death beneficiaries and the beneficiaries of the estate sign a family settlement agreement prior to taking any action.

09/08/2009 -- Someone I know died having written a will. I know who has the will, but s/he refuses to file it for probate. (0)
28/06/2009 -- What is a fiduciary duty? (0)
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15/02/2009 -- Can an estate sue someone in Texas? (0)
15/02/2009 -- What are wrongful death and survivor suits? (0)
15/02/2009 -- What is fiduciary litigation? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
09/08/2009 -- How is it decided who will administer an estate? (0)

Can an estate sue someone in Texas?

David Leon — Mon, 16 Feb 2009 02:02:51 +0000

No. In Texas, an estate is not a legal entity. Therefore, it cannot sue or be sued. A court will need to appoint a personal representative of an estate, acting in his or capacity.

05/07/2009 -- Who can bring a lawsuit for wrongful death? (0)
15/02/2009 -- What are wrongful death and survivor suits? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
09/08/2009 -- How is it decided who will administer an estate? (0)
09/08/2009 -- Someone I know died having written a will. I know who has the will, but s/he refuses to file it for probate. (0)
30/06/2009 -- A credit card company has put my account into collections. Can they sue me wihtout my knowing it? (0)
28/06/2009 -- What is a fiduciary duty? (0)
28/06/2009 -- Where can I find a list of exempt personal property? (0)

What are wrongful death and survivor suits?

David Leon — Mon, 16 Feb 2009 01:47:37 +0000

If someone dies due to the act or omission of another, then there may be a cause of action by the heirs of the deceased for Wrongful Death. If the deceased suffered personal injury prior to death, then the deceased’s estate may have a cause of action called a survival claim. We can assist with either the prosecution of these matters. Some of the services include ancillary probate, appointment of personal representatives, appointment of an independent administrator of an estate, determination of heirs and determination of common law marriage. This also includes obtaining letters testamentary or letters of administration of an estate. Contact us if you have a situation that you would like to discuss in detail.

05/07/2009 -- Who can bring a lawsuit for wrongful death? (0)
15/02/2009 -- Can an estate sue someone in Texas? (0)
25/12/2009 -- Is it possible to prove a common law marriage after death? (0)
20/09/2009 -- How will I know if an insurance company has accepted or rejected my claim? (0)
09/08/2009 -- How does one qualify to be an administrator or executor of an estate? (0)
09/08/2009 -- How is it decided who will administer an estate? (0)
09/08/2009 -- Someone I know died having written a will. I know who has the will, but s/he refuses to file it for probate. (0)
30/06/2009 -- A credit card company has put my account into collections. Can they sue me wihtout my knowing it? (0)
28/06/2009 -- What is a fiduciary duty? (0)
28/06/2009 -- Where can I find a list of exempt personal property? (0)