What could we do if my brother passed away while in a class action lawsuit? 15 Answers as of September 09, 2015

My brother has passed and my mother is the beneficiary he did not leave an estate she is the one who paid for his burial. The claim for a class action settlement on behalf of my brother was in Dunn, et al v. city class action settlement. What can we do?

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O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, the "estate" (that is, the personal representative) should be able to act on the decedent's behalf to address the lawsuit.
Answer Applies to: Maryland
Replied: 9/9/2015
Law Office of Pamela Braynon | Pamela Y. Braynon
I'm sorry there is not enough information here for me to properly answer this question. Dunn et al v. city? I have no idea what this means. Is this the name of the case of the class action? Please understand that each county handles the names of the their cases differently. The most I can advise is that you contact the court that handled the case. There you can get the names of the attorneys involved in the case and their info. Contact their office and go from there.
Answer Applies to: Florida
Replied: 8/31/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
Assuming that he was entitled to a settlement, the income would be part of his estate and used to pay off his outstanding debts. Usually, the burial expenses are the first to be paid from an estate so your mother would be reimbursed.
Answer Applies to: Nebraska
Replied: 8/31/2015
Law Offices of George H. Shers | George H. Shers
If he left anything behind, he has an estate, even if he has no Will. ?Find out from the attorneys handling the class action what his share of the recovery is. ?It may be very little, as that normally is the situation unless you are a named member of the class.
Answer Applies to: California
Replied: 8/27/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Was bro a party or merely a member of the class? If a party Mom needs to be substituted in as a party. If not, a Small Estate declaration should suffice.
Answer Applies to: California
Replied: 8/26/2015
    Christine Sabio Socrates Attorney at Law | Christine Socrates
    In order to carry on with the class action settlement for your deceased brother, a probate estate would need to be opened in order to pursue this action in the name of his estate and to collect any settlements he will receive. Someone in the family must apply to be the administrator or executor of the estate. Once appointed, that person would have the authority to represent the estate and pursue the class action claim. I would be happy to assist you.
    Answer Applies to: Ohio
    Replied: 8/26/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If the claim in the class action will survive your brother's death (check with the lawyers handling the class action lawsuit) then someone can petition to be personal representative or administrator of brother's estate only in order to carry on as a plaintiff in the class action.
    Answer Applies to: Oregon
    Replied: 8/26/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The claim would b an asset of your brother's estate. His estate would be able to receive any payment resulting from the claim.
    Answer Applies to: Illinois
    Replied: 8/26/2015
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You'll need to set up an administration of his estate. I need more facts before I can tell you which procedure to use.
    Answer Applies to: Texas
    Replied: 8/26/2015
    Wellerstein Law Group, P.C.
    Wellerstein Law Group, P.C. | Elisha Wellerstein
    Your mother should petition for administration of his estate and get appointed as his administrator. She then can continue the law suit.
    Answer Applies to: New York
    Replied: 8/26/2015
    Gates' Law, PLLC | Thomas E. Gates
    You need to open probate. His estate will continue the lawsuit.
    Answer Applies to: Washington
    Replied: 8/26/2015
    Stephens Gourley & Bywater | David A. Stephens
    Substitute his estate in his place.
    Answer Applies to: Nevada
    Replied: 8/25/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Your mother needs to open an estate with the probate court to get control over his part of the lawsuit.
    Answer Applies to: Ohio
    Replied: 8/25/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Contact the law firm handling the class action and see if they will allow you to substitute n for your brother.
    Answer Applies to: California
    Replied: 8/25/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    An estate will need to be opened where he resided so someone may be appointed to pursue the legal action. This is opinion is solely based upon the facts presented in the inquiry. Additional facts may be important and may change the analysis. If you are uncertain, seek legal counsel. We are not your attorneys. This answer is being offered to assist you in determining if you need to retain legal counsel to assist you, not to resolve your issue through an email inquiry.
    Answer Applies to: Nevada
    Replied: 8/25/2015
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