Estate creation, for attorneys.
Having a deceased client or defendant can create unique challenges to a personal injury attorney. Virginia Code § 64.2-454 allows an estate to be created solely for the purposes of pursuing or defending a personal injury or wrongful death action. This is sometimes known as a personal injury estate. There is no need to open a small or large estate and go through the probate process. Also, no need for accountancy which can be costly, timely, and often unnecessary. Fill out a short form to connect with a fellow attorney who can help with estate creation.
Can a family member set up an estate for a deceased defendant?
If the defendant you need to sue is deceased and an estate was never opened, it is impossible to convince the decedent’s family members or insurance company to set up an estate just so you can sue. You’ll need to have someone create the estate so you can serve the estate and proceed with the lawsuit.
It’s much easier to create an estate when you have cooperative, local family members for your deceased client. But if the family is not local or there is some complication to setting up the estate, it may be appropriate to have TLT Legal Services handle appointing the administrator.
Under TLT Legal Services, PLLC, attorney Tara L. Tighe will step into the role of the deceased party to set up an estate for the purposes of your personal injury case. You will then have a cooperative party to act on behalf of the estate so you can continue pursuing a personal injury case.
Can a family still act on behalf of an estate if it’s created by TLT Legal Services?
In the event that TLT Legal Services has set up the estate for the plaintiff, a power of attorney can be executed so that family members can still act on behalf of the estate or the administrator can stay involved as your client.
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One of Tara’s missions at TLT Legal Services is to help even more clients by helping attorneys at other law firms. She offers for-attorney and for-law firm services such as training for attorneys and staff, coverage for litigation hearings and depositions, brief writing, local counsel, co-counsel, and other short- and long-term help to lawyers and law firms. Tara truly believes that the legal profession is stronger together and we can better achieve justice if attorneys support each other.
