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A will contest can result in a significant delay in the distribution of a loved one's assets, and can also be expensive. The costs of a will contest are paid out of the estate, which may significantly deplete the available funds. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney right away.
Wrongful Death
The loss of a loved one caused by the negligence of another can be an emotionally and financially devastating time. Not only must those surviving deal with their grief and burial arrangements, they are also faced with many questions on how best to proceed against the wrong doer to obtain recovery of the losses suffered as a result of the death of their loved one.
Indiana law provides that when a death is caused by the wrongful act or omission of another, the person who has been appointed by the court as personal representative for the estate of the person who died may file a law suit to recover the damages and losses suffered. The estate must be opened within two (2) years of the date of death and any such law suit against the wrongdoer must also be filed within that time.
The amount of damages is determined by the court or jury and the type of damages that may be awarded is dependent upon whether the deceased person was married, single or a child. In determining the amount of damages, the court or jury may consider such things as: mental suffering caused by the loss; loss of services, companionship, comfort and guidance; loss of anticipated future income of the person who died; medical, funeral and burial expenses; costs of administering the estate of the person who died.
Since in most cases the loss of a loved one requires the opening of a probate estate for the person who died, it is important to obtain the services of attorneys who are experienced in settling or trying cases involving deaths caused by such things as car accidents, injuries at work, defective products, assaults, fires and explosions, electric shock or any other cause in addition to being experienced in properly presenting the case to the probate court. Robert W. York has more than thirty-four (34) years of experience in handling such cases.
Most courts with probate jurisdiction have adopted local rules to aid in the administration of a wrongful death probate estate. Typically, these rules provide that all proposed wrongful death settlements must be approved by the Court, whether the estate is supervised, unsupervised, or a special administration for the sole purpose of prosecuting the wrongful death claim. There are also requirements that the personal representative periodically report to the court on the status of the case.
When we begin our representation of you on the matters involving the loss of your loved one, we immediately begin the very important step of investigating the cause of your loved one's death and dealing with the insurance company or the responsible person in an attempt to quickly resolve the case. We also prepare and file the documents necessary to have an estate opened and request the court to appoint you or some other appropriate person to serve as personal representative. Throughout the probate process, we are always available to answer your questions and to give directions as to the proper actions for the personal representative of the estate.
Once we have settled the claim against the person who caused the death of your loved one, we request the court to approve the settlement. It is also important for you to know that the court sets limits on the amount of fees we can charge you and must approve the amount of fees to be paid.
Contact the offices of Robert W. York today to secure the services of an accomplished lawyer with the knowledge and experience to successfully guide you through the wrongful death estate process.
Robert W. York, P.C.
7212 Shadeland Avenue, Suite 150
Indianapolis, IN 46250
Phone: 317-842-8000 • E-mail • Fax: 317-842-7321
From offices in Indianapolis, the probate litigation practice of Robert W. York, P.C., serves clients throughout Indiana, including Carmel, Greenwood, Noblesville, Zionsville, Westfield, Fishers, Anderson, Greenfield, Danville, Franklin, Columbus, Muncie, Lawrence, Marion County, Hamilton County, Hancock County, Shelby County, Johnson County, Morgan County, Hendricks County, Boone County, Green County, Putnam County, and Ohio County.Probate and Estate Administration - An Overview
Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An attorney experienced in probate and estate administration can help simplify this complicated process. If you need help in the administration of an estate, call an attorney in your area today.
