If my children’s father had a pending case for a car accident before he passed away, is there anyway our kids can represent him for that case?

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If my children’s father had a pending case for a car accident before he passed away, is there anyway our kids can represent him for that case?

There’s also an estate involved where now my kids father family is claiming that

my kids are minors and can’t represent their father. Is there anyway that I can

represent my kids if their father and I weren’t married?

Asked on September 15, 2016 under Estate Planning, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can represent your kids by being appointed guardian ad litem.  Since the kids are minors, they can't represent themselves or file a lawsuit.  A guardian ad litem is a guardian appointed by a court to protect the legal rights of the minor.
 
 


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