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Who can file an Illinois wrongful death lawsuit? (Part B)

Restrictions of the Administrator of the Estate

While the administrator has numerous responsibilities, there are a few things they cannot do in an Illinois wrongful death lawsuit:

• manipulate the lawsuit to benefit themselves;
• favor or deny a beneficiary in regards to compensation;
• decide who receives compensation; or
• arrange for personal payment for serving as administrator (there are some exceptions).

These restrictions are in place to protect the interests of the beneficiaries and make sure they are fairly compensated without bias from the administrator. Because the administrator is often a beneficiary themselves, the court must approve the settlement amount and disbursement arrangements to ensure they are fair. This is also why the administrator must file proof that the settlement was properly disbursed following the conclusion of the trial.

When a Will is Present

In some cases, the deceased's will names a specific administrator of estate to act upon their behalf. This person can be a relative, a close personal friend, a Chicago wrongful death attorney, or even a bank or a trust company. If a company is listed, they will appoint an individual to act on behalf of the bank as the administrator.

This person acts just as any other administrator would, and is subject to all responsibilities and restrictions. In the case of the administrator being a non-beneficiary of the settlement, the will may stipulate that they are eligible to collect a fee for their services.

Hiring a Chicago Wrongful Death Attorney

If you have been named the administrator of estate for a loved one, you will want the guidance of an experienced Chicago wrongful death attorney to help you file and proceed with an Illinois wrongful death lawsuit.

A Chicago wrongful death attorney from the Law Offices of Barry G. Doyle, P.C. will be available for you through all stages of your Illinois wrongful death lawsuit. For experienced advice with attention to your family's long term needs, contact us today for a free case evaluation - (312) 263-1080

The Law Offices of
Barry G. Doyle, P.C.
5215 Old Orchard Road
Suite 710
Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

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