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What should personal injury attorneys know about probate?

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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

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.

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