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The unwed father was found dead. Can the mother represent the minor child in a class action law suit if the decedent had the mother of his child listed on his contact information?
Wiki User
∙ 12y ago
She must consult with an attorney. His paternity must be established legally before the child can have any standing as his heir. The listing of contacts is not proof of paternity. Unwed parents who do not establish their child's paternity legally are doing a great disservice to the child.
She must consult with an attorney. His paternity must be established legally before the child can have any standing as his heir. The listing of contacts is not proof of paternity. Unwed parents who do not establish their child's paternity legally are doing a great disservice to the child.
She must consult with an attorney. His paternity must be established legally before the child can have any standing as his heir. The listing of contacts is not proof of paternity. Unwed parents who do not establish their child's paternity legally are doing a great disservice to the child.
She must consult with an attorney. His paternity must be established legally before the child can have any standing as his heir. The listing of contacts is not proof of paternity. Unwed parents who do not establish their child's paternity legally are doing a great disservice to the child.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoShe must consult with an attorney. His paternity must be established legally before the child can have any standing as his heir. The listing of contacts is not proof of paternity. Unwed parents who do not establish their child's paternity legally are doing a great disservice to the child.
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Can the parents of a married son file a medical malpractice lawsuit on his death if the wife does or does not file. I failed to mention only son with three grandchildren 11-18yoa in Ohio?
It is possible. This answer first depends on the laws of the state which has jurisdiction over the suit. It then depends on the type of lawsuit it is. Typically, medical malpractice resulting in death is a Wrongful Death action. A Wrongful Death action exists to compensate the dependents of the decedent for the loss of income they would have received during their dependency on the decedent had the death not occurred. The parents of a married son are not dependents, therefore they suffered no loss therefore they have no standing to file a Wrongful Death action. Proceeds of a Wrongful Death action are not payable to the estate of the decedent. However, along with most Wrongful Death actions is what is called a Survivor Action. The Survivor Action is for compensation for the decedent's pain and suffering as a result of the malpractice. Had the decent lived, he would have the right to sue for pain and suffering to compensate him for that. The death of the person does not alter the fact that that action exists, otherwise the doctor would almost be better off if the patient dies than if he lived. The Survivor Action does not die with the decedent. The proceeds of the Survivor Action DO become part of the estate and are available for distribution to the intestate heirs or to the beneficiaries under the will. In the event that the parents are the sole beneficiaries under the will, they would be the ones entitled to the Survivor Action proceeds. The wife would have no standing to bring the action and perhaps not interest in it either. In that situation, the parents could bring a Survivor Action only; but the point is they could file "a lawsuit". In the event that the decedent died without a will, the proceeds would again go to the estate and be distributed to his heirs. Many state laws have provisions that if a person dies with a spouse but no children, then the decedent's parents might also receive part of the estate along with the spouse. Once again, if the wife decides against filing, and if the parents would be entitled to a part of the estate, then they would have standing to file a Survivor Action lawsuit to at least recover their share of the proceeds.
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