By Ada N. Henriquez, Esquire • November 22, 2023
The answer is yes. This is usually known as an inherited cause of action. You may be required to be appointed by court as the administrator of the estate of your loved one or be named as the next of kin.
In some courts you can do this on your own because the process is very easy to follow as in New York, where this process is done before Family Court. In Puerto Rico you may file a petition pro se or by you, without having to hire an attorney. But, in the states of Illinois and Florida you may need to get a probate attorney.
You need to get the list of properties, cause of action, insurance, benefits, bank accounts, debts, mortgages, loans, credit card, etc. your decedent or family member had at the time of death. Information about decedent’s heirs or children and spouse if any. And any other document required by court, according to proceedings. The process may take a couple of months to be completed.
After you get appointed, you may pursue the inherited cause of action for sufferings and damages your loved one experienced before dying.