i live in middlesex county in massachusetts my mom was in a tragic car accident my friend was driving at the time where as a boxed truck passed on a double line recklessly then put on his brake causing my friend to plow into the back of his truck the accident occured dec 27th and she died dec 31st 2012 she incurred $71,000. of medical bills medicare already paid the hospital almost $70,000. and there is a little over $1100. left that was submitted to medicaid in 1976 my mom's will was made i am her only child no spouse etc everything to come to me but there is nothing in her estate no monies etc she only got a small social security check and food stamps aprox 2 years ago i almost died and am ambulatory unable to work i received no money my mom and me survived with her small check i need to probate in order to get the $50,000. is what the insurance co. is telling me but i need to live is it true it has to go to medicare and medicaid 1st etc don't i have any ways to recouping it for myself seeing hw desperately i need it on top of everything the bank wants to forclose me mid july of this month i have no money please can someone out there help me somehow
I am so sorry to hear of your mom's accident. Actually, what you do have is a negligence lawsuit on behalf of the estate to seek damages for your mom's death and your loss of relationship with her as well. This would be extremely helpful to you in resolving the entire estate and also seeking to hold off the foreclosure. At this point you really should have engaged a personal injury law attorney and one to assist you in opening probate in your mom's estate since what you are looking at is a sizable judgment for your mom's death which would go to her estate and likely a smaller judgment to you for her wrongful death and you need to have the estate opened for probate to proceed.I urge you to get with a local personal injury attorney immediately to sue the truck company, the truck driver and her friend's insurance company for damages so that you can recover for your mom's death. To find a local attorney, you can call the MA Bar Association or you can use the same site used by other attorneys, http://www.martindale.com and these attorneys handling this type of case take no money up front but take about 33% of what they win for you in court.
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