Kristin S. Shigemura and Jarrett A. Dempsey of Cades Schutte’s Litigation team and Summer G. Shelverton and Janine M. Yim of the Trusts & Estates team succeeded in dismissing a wrongful death and medical negligence lawsuit brought by two estranged adult sons suing over the death of their father at a client’s long-term care facility.
Cades Schutte filed a petition for instructions in the Probate Court, asking the Court to determine of the appropriate Personal Representative and beneficiary of the estate based on a Will a nephew had produced in which the father disowned the sons and left everything to the nephew.
The Probate Court found by clear and convincing evidence that the Will was valid and unrevoked, the nephew had been nominated as the Personal Representative, and the nephew was the sole beneficiary of the estate. The probate court removed the elder son as the Personal Representative of the estate and appointed the nephew in his place.
Cades Schutte filed a motion to dismiss the Estate’s medical negligence claims on the grounds that they were not being pursued by the real party in interest, and moved for summary judgment on the sons’ wrongful death claims on the grounds that they suffered no damages. The new personal representative declined to intervene and pursue the Estate’s medical negligence claims and the sons failed to respond to the motion for summary judgment, resulting in dismissal of the entire lawsuit.