I do not really understand why your question was forwarded to me. I practice only in NJ.
If, as I understand it, the accident happened in Texas, Texas law would likely apply and you should speak to an atty in Texas. Having said that, in general, each state has its own scheme/process and rules for who can act on behalf of the Estate of someone in a negligence claim and much has to do with who the survivors are and what relationship each had (ie brother/mother/wife/etc) with the decedent. So if this is a Texas based action, I would suggest you contact an attorney familiar with Texas law of Intestacy. BTW this all presume there is no Will. If the person died with a Will, at least in NJ, the person they named as Executor would have the right to bring the cause of acetin on behalf of the Estate.
Answered on Jan 20th, 2013 at 12:02 PM