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so in 2012 the Supreme Court of Illinois
passed a law that said anytime a
survival act lawsuit is going to be
filed that it needs to be filed by
someone who is a court appointed
representative by a probate judge so
personal injury attorneys really need to
be aware that to have standing to file
their lawsuit they need to get a probate
estate representative appointed and
that’s where we come in we’re probate
experts we’ve been practicing in Probate
Court for 10 years we’ve handled
thousands of probate Estates for
personal injury attorneys so that they
have standing to file their lawsuit
and something else that’s really
important for personal injury attorneys
to know is that their role is as a
fiduciary not only to the their client
but also to all of the errors and
beneficiaries of the probate estate so
they’re not just representing their
client as the plaintiff in a lawsuit
they’re also representing all of the
interests of all of the people who are
going to benefit from that
representative’s probate estate so it’s
really important that for any personal
injury attorney that is interested in
bringing a lawsuit on behalf of someone
who’s injured and that lawsuit is going
to be filed after the injured person has
passed away that they are making sure to
connect with a probate attorney to make
sure that all of the proper steps are
followed in the probate process to
ensure that they have standing to file
their lawsuit
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Chicago, IL estate planning & probate attorney SJ Chapman discusses what personal injury attorneys should know about probate. She explains that in 2012, the Supreme Court of Illinois passed a law mandating that only a court-appointed representative, appointed by a probate judge, can file a survival act lawsuit. Personal injury lawyers must be aware that they need to obtain a probate estate representative to have standing to file their lawsuit. As probate experts with a decade of experience in Probate Court, we have handled thousands of probate estates for personal injury lawyers, enabling them to file their lawsuits. Personal injury lawyers need to act as fiduciaries not only to their clients but also to all heirs and beneficiaries of the probate estate. Thus, they need to represent everyone’s interests and not just their client’s in such cases. Hence, if personal injury attorneys want to bring a lawsuit on behalf of an injured person who has passed away, it is crucial that they connect with a probate attorney to ensure that all the proper steps are followed in the probate process and that they have standing to file their lawsuit.