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My deceased husband had a workmens comp case started before…

Customer Question
My deceased husband had...

My deceased husband had a workmens comp case started before his death of lung cancer.I am the beneficiary of the suit .His brother is executor of the estate. What happens if his brother wants to take everything. What happens to the beneficiary in this case.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: What documents or supporting evidence do you have?

The attorney has all the paper work,Doctors ,people he worked with.All of those sort of thing if that is what you speak of.

Submitted: 10 months ago.Category: Estate Law
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Answered in 1 minute by:
10/2/2017
Estate Lawyer: RayAnswers, Attorney replied 10 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,882
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Customer reply replied 10 months ago
Please continue
Customer reply replied 10 months ago
Please go ahead
Customer reply replied 10 months ago
Want to know can he get rid of attorney who started case and hire his attorney.Will or can I be taken off as beneficiary
Estate Lawyer: RayAnswers, Attorney replied 10 months ago

No original lawyer has contingent fee so wouldn't be possible to fire him without paying twice.Probate court decides if you are sole beneficiary here or the estate has a piece.Probate judge here has final say on who heirs/beneficiaries are and their respective shares.

Thanks for your patience.

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Customer reply replied 10 months ago
it doesn't matter when case started he wanted me to be beneficiary
Estate Lawyer: RayAnswers, Attorney replied 10 months ago

It will be determined by the probate judge using date of death here.You may have a marital interest here, it may end up being split.It also depends if you were his sole heir or there were others.But you should have an interest here. I am not able to see all the documents involved but he judge has final say here.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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