QUESTION
Is my fiancé’s ex entitled to an estate or any money that could be generated from my son’s wrongful death lawsuit?
Asked on Aug 27th, 2012 on Divorce - California
More details to this question:
My son passed away in 2010. My fiancé was not with me at the time. I was with someone else. I have a wrongful death lawsuit. I have been pushing off hearing because I do not want his children’s mother to get anything from my son’s death.
13 ANSWERS
Kathleen M. Schmidt
No.
Answered on May 22nd, 2013 at 5:43 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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I believe a wrongful death award would be your separate property, especially if the suit is filed before marriage. Don't comingle the money.
Answered on Sep 06th, 2012 at 4:08 PM
Dennis P. Mikko
If she is not the mother of your son and you are not married, she would have no claim to any part of a wrongful death settlement. You should discuss this with your attorney.
Answered on Sep 06th, 2012 at 4:08 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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The biological parents or children of the dead person are the only ones who can get proceeds in a wrongful death case.
Answered on Sep 05th, 2012 at 8:44 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I do not understand the connection here. Unless she is in a will or a relative she is not entitled to a portion of a judgment for your son's death.
Answered on Sep 05th, 2012 at 10:23 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If your ex fiance is your son's biological mother she is entitled to a portion of your son's estate if he did not leave a will.
Answered on Aug 31st, 2012 at 10:03 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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This question just is not clear.
Answered on Aug 31st, 2012 at 10:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Any settlement should be your separate asset. You will need to title it properly and hold it separate. You should discuss this with your personal injury and a family law/estate planner.
Answered on Aug 31st, 2012 at 10:01 PM
Leonard A. Kaanta
Your fiance has rights to your son's estate.
Answered on Aug 30th, 2012 at 5:15 PM
James Albert Bordonaro
To the extent that you're trying to keep your fiance's mother from having access to your son's possible death settlement proceeds she has no right to them but I'd urge a pre-nuptial agreement to preclude the same action as well as updating your will to provide for that expected income to go to someone other than your fiance. I'd also consider establish a trust for the expected proceeds that you are trustee because some states may view any assets acquired during the marriage as common property.
Answered on Aug 30th, 2012 at 5:15 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Your son's father is a legitimate claimant under the Texas Wrongful Death statute. His new baby mama and her children are not. But you don't have to give him anything you recover; he can pursue his own claim, together with you or separately from you. Good luck. I'm sorry for your loss.
Answered on Aug 30th, 2012 at 5:14 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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The only people that recover from a wrongful death case are those who are provided for under the wrongful death statute. I know of no right for a non-relative to recover except for direct financial losses.
Answered on Aug 30th, 2012 at 5:14 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Generally, No. Only in extraordinary circumstances may a new (3rd party) spouse's income or assets be considered in determining child or spousal support.
Answered on Aug 30th, 2012 at 12:10 PM