Community Chat

[hyacinth003]

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@Love my grandkids wrote:

@hyacinth003 Are you direclty involved in this?

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@Love my grandkids 

No.  But I was Executor of my Dad's Estste.  A lot of work.  I am sympathetic with how much work it could be. My understanding that only the Executor can file a case like this.

Hyacinth

[JaneMarple]

My three sisters and I settled our father's estate quite a while ago. There is one sister who was better than we were in dealing with business, wills and lawyer fees. She was awesome and we appreciated her skills. Every step of the way she kept us updated so there was never any grievances between the four of us.

At the beginning of the process, myself and the other two sisters agreed to pay her for what she put out getting all the necessary things done. This included gas, tolls, certificates and meetings.  It was well understood that she would received extra funds. 

Best of luck getting everyone back together.

[colleena]

@hyacinth003 Sorry for all your going through with your health & then what happened with your dh's family - hang in there.  

[50Mickey]

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@hyacinth003 wrote:

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@Love my grandkids wrote:

@hyacinth003 Are you direclty involved in this?

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@Love my grandkids 

No.  But I was Executor of my Dad's Estste.  A lot of work.  I am sympathetic with how much work it could be. My understanding that only the Executor can file a case like this.

Hyacinth

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@hyacinth003    Have you been told by an attorney in your state that this is correct? Even if this is correct you need to ask your attorney the questions that you have about how the proceeds after his/her fees are paid will be split among the heirs assuming that your case is successful. I've never heard of the person who brings the wrongful death suit being given a "fee" from the proceeds. But like most of us here I am not an attorney and each state is different in how these cases are handled. 

[chrystaltree]

Personal injury claims are usually on contingency.  

 Of course, you should ask the lawyer when you contact him or her.

[Imaoldhippie]

@hyacinth003 ...........The lawyers and their legal aides handle the law suit and they will get paid, the aides fees are most likely included in the percentage of the amount if awarded.

[beckyb1012]

It does not have to be a wrongful death case for a contingency fee.  May be a lawsuit for damages of any kind.  You can not do a contingency fee in a criminal matter.

We charge a contingency fee of 33 and 1/3% of the damages awarded.  Attorneys fees taken out first, then all costs/expenses of the suit such as filing fees, depositions, expert witnesses ect.. were deducted after all that the client received what was left. 

In all the probate actions we represented we never had a client who took a fee from the Estate to cover their costs except if the Executor was a financial institution.  Family and friends did the disposing of the Estate out of love.  It can be a big job as a Paralegal and as an Executrix myself in my Mom's probate.