Re: need 2 know

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First, the POA became worthless at the moment of death.
Second, they cannot pursue the lawsuit in their personal
names. It must be brought on behalf of the estate of your
father. That means that a probate case will have to be
opened and the estate will receive the benefits of the
lawsuit. Unless you are somehow excluded by your state's
laws, the 5 of you will share equally in that estate.

Depending on your particular state's laws, you may be able
to substitute the estate for the sisters in the lawsuit.
Or, since the lawsuit was not properly filed in the first
place, it may be too late to file a new lawsuit depending
upon the statute of limitations and other notice
requirements.

You need to consult with a probate attorney ASAP.

On 10/09/08, Ann wrote:
> My dad passed away this mo. will B a yr. my 2 sis. were
> his POA but no-one has a will. Also they have filled a
> lawsuit on the health-care provider. I and my bro.& other
> sis. were wondering if we could be excluded from the
> lawsuit. What rights do we have?