Is it legal for an attorney to add you to a wrongful death suit though you have repeatedly advised that you do not wish to be added?

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Is it legal for an attorney to add you to a wrongful death suit though you have repeatedly advised that you do not wish to be added?

My son’s father passed away and I have advised the attorneys representing the estate of my deceased fiance that I do not wish for my son to be included in their suit. My name is still on the suit representing my son. It is my decision as the only living guardian of my son, to not be involved with their wrongful death suit. There was no written consent given to include my child given by me.

Asked on July 26, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  What I think has happened is that the estate has gone in to probate.  Who is the personal Representative (executor or administrator) of the estate?  That person is the fiduciary of the estate and is under a legal obligation to bring a lawsuit on behalf of the estate as against those responsible for his death.  Although you may not want to be a part of the suit, all parities that have a right may have to be named.  And you are named as the mother and natural guardian of your son.  If you think that I am incorrect I would suggest that you go and seek consultation from an attorney in your are a just to read the papers involved and to let you know the law.  Good luck to you.


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