April 22, 2014
My sister started this law suit. My mom passed away due to medical malpractice, age 75. My sister was told she would have deposition this month, as she has been told for the last few years. She recently passed away. Her name was on the lawsuit, as she was eldest sibling. Attorney supposedly dropping lawsuit due to her death. Is he allowed to do this? I believe I am the next of kin, or is her husband?. Lawyer never returns calls. Index # filed in court for years, What do we do now if anything. Can I start a new lawsuit or sue this attorney? Don't know where to turn.
If I'm understanding your question correctly, your sister - named as the representative of your mother's estate - recently passed away? If that's what happened, the case would be "stayed", and there would be a delay due to the necessary Surrogate's court proceeding to get someone else (such as yourself) appointed as adminsitrator of the estate so that the case can proceed. Consider making an appointment to go see the current attorney to clear this up and explore your options.
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