April 2017 - Kamerow Law
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What Is An Estate Administrator?

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Alexandria, VA 22311
Phone: 703-370-8088
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What Is An Estate Administrator?

When someone passes away, their estate is usually handled by an executor that they name in a Will. When the decedent doesn’t have a Will with a named executor, the courts will appoint an estate administrator to manage the estate. The courts will also appoint someone if the named executor is found to be incompetent, the designated person unwilling to act as trustee, or the named executor dies before he can complete his duties.

Who is the court likely to appoint?

The courts may appoint another family member or friend of the decedent to administer the estate, but they are also likely to appoint someone who is professionally qualified to perform the duties such as an attorney, accountant, or another person who has experience taking on these responsibilities.

What are the administrator’s responsibilities?

An administrator is given full power to take possession of the estate, sell it if required, collect debts due to the decedent, and represent him in all matters which relates to the property. They are also authorized to pay the debts (with the sold assets if required) and is entitled to compensation as a commission on the amount which he handles.

He is bound to use due diligence in his responsibilities and may be held to account if he mismanaged the estate. He is also authorized to file and defend actions in court in his name to manage the property.

Individual administrators may not have the full power to administer the estate. They may be limited to a part of the property or if the named executor dies before completing the administration of the estate they will finish the job.

Washington D.C. Estate Planning Lawyer

If you have been appointed an estate administrator by the courts or someone has been nominated for your loved one’s estate, and you have concerns about the property being handled properly, you should speak to an attorney familiar with estate law. The Estate planning lawyers at Kamerow Law Firm serve the Washington D.C., and Alexandria areas with estate planning and will be able to advise you about your situation and how to proceed. Contact us by calling or fill out our online contact form.

 

Cerebral Palsy Birth Injury: When Is It Medical Malpractice?

Cerebral palsy is a disability that causes loss or reduction of muscle coordination and other disabilities.

What causes Cerebral palsy?

Cerebralpalsy.org states that “Cerebral palsy is a result of brain injury or brain malformation that occurs before, during, or immediately after birth while the infant’s brain is under development. But how a brain injury affects a child’s motor functioning and intellectual abilities is highly dependent on the nature of a brain injury, where the damage occurs, and how severe it is.”

Sadly, otherwise healthy children will suffer from this debilitating disability because of malpractice during their birth. Physicians that were negligent in their roles as caregivers during the birth may have caused the child to go without oxygen for an extended period injuring the brain during birth.

Unfortunately, it can be difficult to prove that your physical was negligent. Hiring an experienced attorney to review the merits of your case will improve your chances to recover damages.

What to Look For

It can be difficult to identify cerebral palsy at a young age because of the nature of the symptoms. It may take several months before you suspect a problem. These symptoms can include:

  • Lack of muscle tone or baby’s inability to hold their weight when picked up
  • Failure to hold up their head while on their stomach or in a supported sitting position
  • Muscle spasms or feeling stiff
  • Poor muscle control
  • Feeding or swallowing difficulties
  • Preference to tendency to use one side of the body

When children get older, additional symptoms can include the delayed ability to walk or talk.

Washington D.C. Medical Malpractice Attorney

If you suspect that an instance of medical malpractice during childbirth injured your child, you should contact an attorney who may be able to recover damages. Medical bills, therapies, pain and suffering, and ongoing care expenses are something that families have to deal with when their child has a disability such as cerebral palsy. The attorneys at Kamerow Law Firm are available for a free consultation to discuss your case and how to proceed. Contact us via our online form or call 703-370-8088.

What is “Wrongful Death” in Virginia?

Wrongful death is the death caused by someone else’s misconduct or negligence, or by some intent to cause harm. This could include many situations, from car accidents and medical malpractice to nursing home abuse and intentional homicide. It is a legal action filed by survivors for their own losses. In the state of Virginia, you must be immediate family (wife, children, parents) of the deceased or a personal representative in order to file a wrongful death claim.

What must be proven in a wrongful death case?

The Plaintiff will have to prove three elements in a wrongful death case:

  1. Duty of Care- The Plaintiff must prove that the Defendant had a duty of care to the deceased. In most cases, this is easy to show, such as in a car accident or nursing home neglect. Other cases may be more challenging. For example, if the deceased consumed unprescribed pills at home which caused the death, the Plaintiff must prove that the Defendant (perhaps a doctor or caregiver) had an obligation to provide sufficient care so the deceased would not consume the pills.
  1. Breach of Duty- The Plaintiff must prove that the Defendant breached the duty of care. For example, the Plaintiff must show that the Defendant did not, in fact, provide the deceased with knowledge about the unprescribed pills. If the deceased took the pills despite the warning, then the Defendant may not have breached his/her duty. Most disagreements in these cases revolve around this issue of whether a duty was breached.
  1. Causation- The Plaintiff must prove that the breach of duty was the cause of the death. For example, if the deceased took the unprescribed pills and this caused his/her immediate death, the Defendant’s breach of duty would be the immediate cause of the deceased’s death.

Remedies to Pursue

Special damages and penalties are usually sought by those filing a wrongful death claim. This includes things like financial support, medical bills, pain and suffering, and funeral expenses. Furthermore, if the decedent had dependents, wages and parental guidance will be taken into major consideration under pecuniary injuries.

In a wrongful death case, your attorney will marshal specific information to show the full extent of losses as a result of the family member’s death. In many cases, showing the full extent of the loss (and fair financial amount due) is even more contentious than proving the underlying fault in the case.

Contact Alexandria’s Wrongful Death Attorney

To learn more about wrongful death rules in Virginia, please reach out to the Kamerow Law Firm. We help families in Alexandria, Washington D.C., and other nearby communities with many legal issues, including wrongful death matters. Contact us today to see how we can help in your case.