What legal paper do I need to fill out in order to be named Personal Representative on my father’s on-going asbestos claim with a law firm?

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What legal paper do I need to fill out in order to be named Personal Representative on my father’s on-going asbestos claim with a law firm?

What legal paper do I need to fill out for probate? My father died last year and has an on-going asbestos claim. I am named “personal representative”. I need a legal paper for the law firm (in the state where the suit is being handled). In order to handle this for my deceased father and my living, 90 year old mother. Do I file a “Voluntary Probate Appointment” or do I have to file something else, and if so what?

Asked on July 25, 2012 under Estate Planning, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In order to step into the shoes of your father with respect to the asbestos case that he was involved in as the representative of his estate, you will need to send a certified copy of the order appointing you as the executor of his estate from the probate court if he had a Will and a probate proceeding is under way. If no Will or trust for him, then you need an order appointing you the administrator of his estate.

If there is a trust, you need to send a copy of the trust to the law firm handling his lawsuit.

I suggest that you consult with a Wills and trust attorney to possibly get a probate or administration process going forward concerning your father's estate.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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