I think this whole scenario is highly improbable.
Any good attorney would know that auto insurance policies usually exclude claiims by household members of the insured. since I presume your parents were living together, any claim your mother would have brought against your father would not be coovered by his insurance. So unless there's a reason to move money from his estate to her estate, there's no useful purpose in bringing a suit on her behalf against him.
In many states, the decedent's family has the right to bring an action for the financial harm they sustain as a result of the wrongful death. Usually this means a surviving spouse or children who are financially dependent on the decedent. I'm not sure you could bring such a claim, chubroach.
The only way I could see the insurance company paying would be if you were to sue the driver of the truck. He would be able to sue your father's estate for contribution and indemnity. But the facts as you present them indicate that the truck driver would not be found liable. Your father's insurer would not have pt pay if the truck driver wasn't liable. there's no "contribution" or "indemnity" for someone who isn't required to pay the plaintiff.
So unless there's a reason to move money out of your father's estate and into your mother's estate, the only person who stands to benefit from teh suit is the attorney. And he's duty bound to tell you there's nothing in this suit for you, that it's meritless.
so I don't see the dilemma.
