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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 115460
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I was hoping # to call so might be able to communicate

Customer Question

I was hoping for a # ***** call so might be able to communicate easier . Hi , My situation is my mother received a flu shot and became ill . as a result passed with in a month . My situation is my sister was able to go to her aid and be there for her. This was agreed to by all of us , but to be on stand by and come when they said. Well long story shortened she was maid to be I think its called executer . Which gave her full access to all her affairs and accounts. When we arrived at my mothers side emotions off the charts . My sisters attitude was that she had control and if we didn't like it to bad . Beings my mothers condition was the most important focus I let her be . Well sad to say mom passed as she wanted hospis so not to suffer any more . Wow , was that hard to swallow as its not easy to be by her side her not being able to talk and a sister with control issues. Needless to say after mom passing her ex. powers are gone but she didn't stop. She wont sit down with my brother or myself and do the right thing . She has refused to sit and put everything on the table so we might do what is our rights. I'm at a stand still she wont answer me and is stone walling my requests. Is there some sort of legal action that I might start so ta stop her from taking what is not hers to take ? Thank You Lyle P.S. This is delaying our legal actions with the possible suite against the Flu shot company
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Let us try here first and then if you still need a phone call I can send you a request for one, but most times we can get the customer the information they need here without them incurring the additional expense.
Yes, you will have to file a petition for probate in the local probate court together with a motion for appointment of administrator of your mom's estate. This is necessary to be done to have the right to file suit against the flu shot company on behalf of your mom, since the administrator has to file the action.
This requires by law that you have an attorney to handle the probate and the suit against the flu shot manufacturer. So your first step is you need to hire a local probate attorney in the city where your mom died to file to open probate and get an estate administrator appointed. Then you would get a local product liability attorney to file suit against the manufacturer for your mom's wrongful death.

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