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MY BROTHER WHO I TOOK CARE OF FOR THE PAST 15 YEARS WHO HAD…

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MY BROTHER WHO I TOOK...
MY BROTHER WHO I TOOK CARE OF FOR THE PAST 15 YEARS WHO HAD A WILL STATING ME AS BENEFICIARY OF HIS ESTATE. I WAS HIS POWER OF ATTORNEY A WAS APPOINTED FOR HIS HEALTH DIRECTIVE MY BROTHER PAST AWAY 14 FEB 2018. MY BROTHER PAST AWAY BECAUSE MEDICAL MALPRACTICE NOW IF I FILE A TORT LAWSUIT WHAT WOULD HAPPEN TO THE PROCEEDS? I AM IN MINNESOTA.
Submitted: 4 months ago.Category: Estate Law
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Answered in 1 minute by:
3/10/2018
Estate Lawyer: RayAnswers, Attorney replied 4 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,155
Experience: Texas lawyer for 30 years in Estate law
Verified

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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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

The following parties may file a wrongful death case in Minnesota:

  • the surviving spouse and children of the deceased person, and/or
  • the parents, grandparents, and siblings of the deceased person.

These parties are allowed to bring a claim not only for losses the deceased person suffered, but also for losses they suffered themselves as a result of the deceased family member's untimely death.

If the surviving family members do not wish to file a Minnesota wrongful death claim themselves, they may ask the court to appoint a "trustee" to pursue the claim on their behalf. The family members may name their chosen trustee on the petition, which must be accompanied by a written consent to serve that is signed by the chosen trustee. The trustee is responsible not only for pursuing the wrongful death claim in court, but also for demonstrating to the court that the proceeds of any claim were distributed according to law.

You can bring this in your name and any other heirs at law as per the law above.

I am so sorry for your loss .I wish you the best here.

If you can positive rate 5 stars it is much appreciated.

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Damages in a Minnesota Wrongful Death Lawsuit

Liability in a Minnesota wrongful death lawsuit is expressed in terms of money damages. The categories of damages that are available in a Minnesota wrongful death claim include compensation for:

  • reasonable funeral and burial expenses
  • expenses for the care, treatment, and hospitalization required to treat the deceased person's final injury or illness
  • loss of services, protection, care, and/or assistance suffered by the surviving family members as a result of the death
  • loss of income, wages, and benefits suffered by the surviving family members as a result of the death
  • sorrow, mental anguish, and loss of solace, and
  • loss of society, companionship, care and guidance.

In order to establish damages, the family or trustee must prove to the court that the family or estate has suffered a "pecuniary" loss, or a loss of money or things of value.

Minnesota recognizes not only the loss of earnings, but also the loss of services provided around the home and the experience of mental anguish as part of the "pecuniary" loss.

Civil damages are the only remedy available in a successful wrongful death claim,

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Customer reply replied 4 months ago
HE HAS 2 SONS THAT HAD LITTLE TO DO WITH LIVE NEVER WERE THERE BIRTHDAYS FATHERS DAY CHRISTMAS
NEVER HELPED WITH HIM SO I WOULD NOT PURSUE THIS LAWSUIT FOR THEM TO BENEFIT!! I WAS THERE 24/7 DOES THE WILL MATTER? WHY DO YOU HAVE A WILL?
Customer reply replied 4 months ago
THIS LAWSUIT IS A LAWSUIT AGAINST THE VETERANS ADMINISTRATION WHICH IS FEDERAL WOULD THAT MATTER/
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

The heirs all have right of recovery.The funds recovered would pass through probate to heirs.

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Or you can bring your own suit if you choose.Sometimes they do it jointly , sometimes each person brings their own.

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Estate Lawyer: RayAnswers, Attorney replied 4 months ago

Lawyer for you here

Hennepin County Bar Association LRIS
Website: http://www.hcba.org/
600 Nicollet Mall, #390
Minneapolis, MN 55402
Phone:(###) ###-####/p>

Serving Hennepin County and the Twin Cities Metro Area

Ramsey County Bar Association
Website: http://www.ramseybar.org/find-a-lawyer/
E-1401 First National Bank Building*****br />St. Paul, MN 55101
Phone:(###) ###-####/p>

Serving Ramsey County, and the East Metro

I wish you the best.

Thanks and thanks for rating 5 stars.

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Customer reply replied 4 months ago
WHAT ABOUT LOSS OF INCOME MY BROTHER WAS PAYING FOR 1/2 THE BILLS. WHICH HAS PUT ME IN A FINANCIAL
DISTRESS?
Estate Lawyer: RayAnswers, Attorney replied 4 months ago

This may be part of your damages here .

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