In Iowa do I need to open an estate if a drunk driver kills my husband?

The short answer is yes. In Iowa, if a drunk driver kills another person, it is typically necessary to open an estate for the deceased if you intend to pursue legal claims, such as a wrongful death lawsuit, or to handle the deceased’s affairs. You will have two lawyers involved. One to pursue the dram shop case and the other to open and manage the probate case. And yes, it is necessary and yes, the personal injury attorney will usually pay to get it done.

Here’s why and how this works:

1. Wrongful Death Claims:

• Who Can File a Claim: In Iowa, a wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. This means that in order to pursue a wrongful death lawsuit against the drunk driver or other responsible parties, an estate must be opened, and a representative must be appointed by the court. If the decedent had a will, (last will and testament) then an executor is appointed. If the person who died did not have a will (intestate) then an administrator is appointed. The executor or administrator will make the decisions with the direction of the lawyer. The executor will be the named plaintiff along with the decedent’s estate.
• Purpose of the Claim:

  A wrongful death lawsuit seeks damages for the deceased person’s pain and suffering, loss of income, funeral expenses, and other related costs. The Estate gets the damages, and the will or state probate law decides who inherits. The claim is filed on behalf of the deceased’s beneficiaries, such as their spouse, children, or other dependents.

2. Appointing an Executor or Administrator:

• Executor (Named in Will): If the deceased left a will, the person named as the executor in the will would typically be appointed by the court to manage the estate.
• Administrator (No Will): If there is no will, the court will appoint an administrator, usually a close family member, to manage the estate and pursue any necessary legal actions.

3. Handling the Deceased’s Affairs:

• Probate Process: Opening an estate is part of the probate process, where the deceased’s assets and debts are managed. This includes paying off any outstanding debts, distributing assets to heirs, and managing any ongoing legal matters, like a wrongful death claim. The wrongful death case is an asset of the estate. The widow or widower may have their own claim, but the estate has a claim.
• Managing Assets: The estate representative will be responsible for collecting and managing the deceased’s assets, which might be necessary if the family is seeking compensation through insurance claims or settlements.

4. Practical Reasons to Open an Estate:

• Collecting Damages: Any compensation awarded from a wrongful death claim or other legal actions will be paid to the estate. The estate must be open to receive these funds and distribute them to the rightful heirs.
• Legal Standing: The estate, through its representative, is the legal entity that has the standing to bring lawsuits or settle claims related to the deceased.

5. Consulting with a Lawyer:

• Legal Guidance: Due to the complexities involved in opening an estate and pursuing legal claims, it’s highly advisable to consult with an attorney who specializes in probate law or wrongful death cases in Iowa. They can guide you through the process and ensure that all legal steps are properly taken.

Conclusion:

Yes, you generally need to open an estate in Iowa if a drunk driver kills another driver and you plan to pursue a wrongful death claim or need to manage the deceased’s legal and financial affairs. Opening an estate allows you to appoint a representative who can handle these responsibilities on behalf of the deceased and their beneficiaries. Consulting with a lawyer can help you navigate this process effectively.

While it is possible to pursue a claim against a bar on your own, hiring a lawyer is often advisable. A lawyer’s expertise can be crucial in building a strong case, negotiating a fair settlement, and ensuring that you receive the compensation you deserve. If the case involves significant damages or if the bar is likely to contest liability, having a lawyer can greatly increase your chances of success.

The Lombardi Law Firm is a personal injury firm with a long history of recovering substantial sums while caring about our client’s future. If you have questions about your legal options, or would like to just talk with a lawyer, call the Lombardi Law Firm. There is no charge to talk with us. If we take your case, you will not be charged unless there is a recovery. We will bring in other lawyers if we think it is advisable.

Call 1-515-222-1110 or send Steve an email at sdlombardi@aol.com.