Frequently Asked Questions

Below are some initial questions many clients have when they first contact Michael A. Schafer, Attorney at Law. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Q: How do you begin a wrongful death case?

A wrongful death case can only be brought by the personal representative of the deceased person’s estate. Therefore the first step is for Probate Court to appoint a personal representative. A petition must be filed to probate the Will. This is done in the probate office in the County of the residence. If the deceased had a Will at the time of death an administrator would be appointed. If there is no Will you file in intestate and an executor is appointed. Usually a surviving family member or close relative of the deceased acts as the personal representative of the estate.