Tip:
Highlight text to annotate it
X
[Jason Handman] Good morning, and welcome
[Jason] to another edition of Getting Legal with Tim Misny.
Tim, at our favorite spot, the diner on 55th.
[Tim] 55th and St. Claire. [Jason] Right.
[Tim] Where the food is great and the coffee is even better.
[Jason] Absolutely. Now, we've been taking Facebook questions,
[Jason] from your tens of thousands of Facebook friends.
Of some of the questions coming in to us,
I want to pick one right here
from Dave Paulitsch, Big Dave Paulitsch,
[Tim] OK. [Jason] He says,
[Jason] "If a loved one dies in an accident,
[Jason] who brings the case?
Great question.
Let me give you an example.
Let say, God forbid, Jason you were involved
in an accident, and you need to bring
a lawsuit.
The pleading would be Jason Handman versus
John Doe, OK?
God forbid, you're killed in an accident
It would be the estate of
Jason Handman versus
the person who caused the accident.
Now, what happens then
is that we go to probate court
And we set up what's called an estate.
Usually it's a family member
[Tim] who comes forward who heads up the estate.
[Jason] You have someone in charge
since the person is no longer there
who represents and is in charge of the case.
[Tim] On behalf of the deceased. [Jason] Right.
[Tim] But the important thing
is that probate court will oversee everything.
Everything has to pass through probate court,
so when the case is resolved
whether it's a jury verdict or a settlement,
it has to go through probate court
and the judge approves every aspect of the case.
[Jason] So, in terms of answering Dave's question,
"Who brings the case?" you're saying
it's the executor or executee?
Executor or executrix.
Typically it's a family member.
It could be someone's spouse,
it could be a parent, it could be a son.
Usually it's a relative that steps forward
and takes on that responsibility.
[Jason] So Tim, why would someone want to call you
[Jason] for this? [Tim] Because it's so complicated.
You need to call me right away.
There are so many important questions
that need to be asked and answered.
[Jason] That's right. I have a lot of questions.
[Jason] How can someone get a hold of you? [Tim] It's really simple.
1-800-55-MISNY
or visit my website, misnylaw.com.
[Jason] All right. Thank you so much, Tim. [Tim] Thank you, Jason.
[voice over] Thanks for watching.
[voice over] This has been Getting Legal with Tim Misny.
[voice over] Sponsored by Misny Law.