As many are aware, the City of West, Texas suffered a catastrophic tragedy on the evening of April 17, 2013. An explosion at a fertilizer plant caused severe damage to the community, including multiple causalities. Many questions remain how families and the community will rebuild in the aftermath.
Family members of individuals who died as a result of the explosion have many issues to confront in the coming months. Among those is how to handle the decedent’s estate. Whenever an individual dies as a result of an accident, more often than not, a wrongful death lawsuit is filed on behalf of the individual’s estate. This litigation must be settled before the decedent’s estate can be completed.
However, this does not mean that the family should just be waiting. The estate can and should be opened and a personal representative needs to be appointed by the Court. Many times the personal representative for the estate will need to pursue the decedent’s wrongful death claim on behalf of the estate. The Texas Probate Court imposes a duty on all personal representatives to pursue any and all claims on behalf of the estate, including wrongful death claims.
The attorneys at Ford + Bergner LLP are experienced in dealing with all aspects of estate litigation matters. If you have questions concerning estate, trust or guardianship litigations issues contact our office today.