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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.

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