Home     Law Advice     Insurance Advice     Community    
Other Personal Injury and Wrongful Death : Airplane Accidents, Boating Accidents, Slips, Falls, etc.
Go Back   FreeAdvice Legal Forum > ACCIDENT AND INJURY LAW > Other Personal Injury and Wrongful Death

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-11-2007, 08:05 AM
Junior Member
 
Join Date: Mar 2007
Posts: 4

Questions about Ohio wrongful death.


State of Ohio.

I am a US born citizen residing in Texas and also dual national with Mexico (through my mother). I own some property in Puerto Escondido Oaxaca Mexico on the beach. One of my neigbors had a son get killed by an 18 wheeler in Hamilton Ohio August 22nd, 2006, and died the next day. The grandmother and father assigned me their survivor and beneficiary rights to pursue a wrongful death case in the US. I filed a diversity case in FW, transferred to Cincinnati, me as plt pro se individually, next friend and as personal representative for the estate unrepresented at this time (citing appointment in Mexico, but will open estate in Ohio if necessary). I mailed in an application to open an estate in Butler County Ohio, but clerks are mailing it all back to me for some unknown deficiency. Will know when it gets here. I asked the federal court to abate the defendant's motion to dismiss for regarding my alleged lack of standing as personal representative of the estate. In Mexico, the grandmother and father also made me the personal representative to do what needs to be done relating to the death of the boy. I am asking all law students, attorneys, judges, and anyone else out there that knows something about the Ohio and federal law as these claims. My biggest question is will the probate court refuse to appoint me the personal representative? I heard the Ohio Probate Courts require that the personal representative be a resident of Ohio. The boy was a citizen and resident of Mexico. Do I have to find someone in Ohio to act as the personal representative for the boy? Can I invoke somekind of reciprocity law or treaty where my appointment and or assignment in Mexico will be valid in the federal court & probate court. Any statute where the federal court can take over the Ohio probate appointment of a personal representative of the foreign deceased alien? I would really appreciate anyone out there who can cite me some caselaw or statutes to cite with the probate and or federal court. The federal case is in Cincinnati as #1:07-CV-166-SSB-TSB (see via PACER, running off of second amended complaint). Also, we have two material eyewitnesses placing the full blame on the rig driver, at least 2 million in insurance is available on the trailer under the MCS-90 endorsement, on the rig driver unknown. City of Hamilton Police Department accident report from their website as 2006-47573. Defendant has been served. Please post your opinions as replies on this site. Thank you.

Last edited by danielmontesjr; 03-11-2007 at 04:57 PM. Reason: to remove personal information suggested by senior members
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:36 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.