danielmontesjr
Junior Member
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.
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.
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