What is an executor’s responsibilites pertaining to a medical malpractice lawsuit?

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What is an executor’s responsibilites pertaining to a medical malpractice lawsuit?

Does the executor have the legal right to make all decisions? Not collaborating with siblings with data concerning court dates, arbitration dates, legal decisions with attorneys? Do attorneys have any responsibilties to other siblings besides executor? If executor leaves state during important dates and is under extreme stress, resulting in insuffient defense arguements and witnesses. Can I bring any legal actions against either party?

Asked on June 16, 2013 under Estate Planning, Pennsylvania

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

I am assuming the deceased was the plaintiff in a medical malpractice case and that the deceased died due to this malpractice.  If so, the malpractice case should be converted to a wrongful death case with the survivors as the plaintiffs.  Also, if the executor is bungling the malpractice case, the survivors should be able to bring a motion in the probate case to have the executor removed.


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