QUESTION
In a wrongful death, is the wife entitled to any claims or assets?
Asked on Mar 20th, 2013 on Personal Injury - California
More details to this question:
My dad recently was killed in a car accident. He was a passenger in the vehicle and the driver was charged with DUI and Vehicular Manslaughter. He was married for 32 yrs however, was separated from his wife for over 20 yrs. My dad created a new life and the wife did as well. After the accident the wife didn’t want any parts of it but shortly afterwards changed her mind. Is she entitled to any claims or assets?
17 ANSWERS
She probably does not have a good claim. You, however, might have a good claim.
Answered on Apr 04th, 2013 at 9:55 PM
Ward Merdes
Probably yes. It depends on your dad's Last Will and whether your mom was a "dependent" when your dad died.
Answered on Mar 21st, 2013 at 11:43 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Yes, if she was married to him at the time of his death. Division of the proceeds of a recovery in tort for wrongful death is covered by Georgia statutory law, however it can become complicated at times. This sounds like it might be one of those times. I need to know more information to give any kind of more detailed answer to your question.
Answered on Mar 21st, 2013 at 2:28 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If they had not been divorced, legally, yes, but practically, no. A jury would not give her anything if they had been separated for that long. If you settled the case and then changed her mind, you have a good argument that you settled the case "cheaply" because she did not assert a claim, so tell her to pound sand.
Answered on Mar 21st, 2013 at 2:28 PM
Ronald A. Steinberg
She would have to prove in court that she suffered a loss due to the death of her estranged husband. It sounds as if she is entitled to about $100.00. Get a lawyer to deal with it.
Answered on Mar 21st, 2013 at 2:27 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally any assets of a decedent's estate will pass down to heirs per the decedent's will (or trust). If the wife was given assets per those documents, then the answer is "yes". If not, no. If there was no will (trust) then the statute on inheritances will apply and it spells out who takes. You need to read any estate plan documents, or if none, the descent and distribution statute. If there are still questions, consult with either a Probate lawyer and/or a PI lawyer.
Answered on Mar 21st, 2013 at 11:16 AM
Christian Joseph Menard
Under California law, the heirs of a decedent are entitled to file a claim for the wrongful death. However, each heir, as damages, is entitled to receive from the settlement funds only that amount which that heir could have expected to receive from the decedent had the decedent had a normal life expectancy. Since the "wife" is still legally married to your dad, she is considered an heir. But, since she could not gave expected to receive any money from him, she should not get anything.
Answered on Mar 21st, 2013 at 11:15 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The key is not emotion and feeling etc but were they legally married
Answered on Mar 21st, 2013 at 11:14 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Mar 21st, 2013 at 11:14 AM
Based on the circumstances you described (not being together for 20 years), I don't see any loss of consortium claim on the wife's part.
Answered on Mar 21st, 2013 at 11:13 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Kind of doubtful but it is complicated enough an attorney needs to look at your dad's assets, including insurance policies. You may well have a case against the DUI driver. Don't miss deadlines or let evidence disappear. Talk with several personal injury attorneys.
Answered on Mar 21st, 2013 at 11:12 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Probably. As the wife, if he has no will, she is entitled to a half of his estate. If he had a will, she is entitled to 1/3 of the estate. This includes any wrongful death claim.
Answered on Mar 21st, 2013 at 11:12 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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She has a claim and can file suit in probate. It does not mean she will win, but she certainly would be considered a beneficiary as the spouse. My advice is to retain a wrongful death attorney that will bring in a separate probate lawyer to help with this case.
Answered on Mar 21st, 2013 at 11:09 AM
Without a will, his estate will be distributed under Michigan's Estates and Protected Individuals Code. A spouse's share of the estate is governed by MCL 700.2102, which you can find by doing a Google search. If there is a will, then distribution will be governed by the will.
Answered on Mar 21st, 2013 at 11:09 AM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
If your father never divorced her and was therefore still legally married she is entitled to take up to 50% of the estate if there was no will.
Answered on Mar 21st, 2013 at 11:09 AM
Not likely- not 20 years later. If your father was remarried, or next of kin, would have rights under a wrongful death claim.
Answered on Mar 21st, 2013 at 11:07 AM
If they were not divorced, under California law she does have a claim under the wrongful death statute. Adult children would take after the wife but you may be able to challenge the relationship status and prove who was closer and deserves more of an award.
Answered on Mar 21st, 2013 at 10:46 AM