The only father I knew past away last April. This man had taken care of me since I was 2 years old, and at that time obtained Full custody of me, carried me on his insurance, filed me on his taxes.....unfortunelty he died of asbestos realted injuries. He listed me on his will as an heir 2 years prior to his death. But since I was never legally adopted. I cannot inherit any of this wrongful death suit. How can I fight this, he knew he was my father and so did I. Is their any legal recourse? I really need all the help I can get on this one ASAP!, Furthermore, I was listed in his estate settlement as his heir as well, and was part of the remainding bank account and have received these funds--there was a court hearing for all of the heirs to come forward and I was listed in that as well--due to his will. Please HELP!
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To be an Heir....or not
- Thread Starter lawbound
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Class Action
My father started this suit himself before he died about two years ago when he learned that he was exposed. Its a class action suit where my 3 sisters and I had to sign contracts and provide the attorney handling the suit proof (birth cert.) that includes his name mine does not, but he has had custody of me since I was small. When he made the claim he included all of his children to the attorney and my name WAS included in the claim at the time. Now that he is passed, they are telling me that I cannot be a part of the suit at all. that i am not a legal heir.
My father started this suit himself before he died about two years ago when he learned that he was exposed. Its a class action suit where my 3 sisters and I had to sign contracts and provide the attorney handling the suit proof (birth cert.) that includes his name mine does not, but he has had custody of me since I was small. When he made the claim he included all of his children to the attorney and my name WAS included in the claim at the time. Now that he is passed, they are telling me that I cannot be a part of the suit at all. that i am not a legal heir.
It's the attorney telling me that.......not my sisters. They are telling me that I am not actually an heir and cannot be a part of the lawsuit whatsoever. even though he listed me and my sisters as well. Do I have any grounds to hire someone on my own? Months after he died we went to court to establish living heirs and I was on that list....shouldn't that mean something? I have been in contact with the attorney's since the beginning (being the oldest) now they wont even give me information on the suit at all---it's up to my sisters to call.
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hm, it would be necessary to read your state's statutes. Every state has an own "wrongful death" statute. But the gist is this:
There are basically two different actions:
There is a so called survival action, which I thought you had meant, where the deceased himself has sued for pain and suffering, lost earnings etc. while he was alive.
Then there is also a "wrongful death" action where the survivors actually sue for their pain and suffering, economic loss etc.
Usually the laws restrict the possibility to sue for wrongful death to the spouse and natural children.
So these are basically two different things. In the first case the estate would be the beneficiary, and when you are in the will, you would get part of it.
In the second case you would not be entitled to recovery, though this would have to be verified by the statute and case law for your state. But it is very probably so.
From what I gather the ongoing suit now is such a "wrongful death" suit, so probably the attorney is right that you cannot recover.
Itwould be interesting to know, though, how your father's original suit was disposed of. Depending on the money involved you might want to invest in a consultation with a lawyer to find out what exactly your options are.
There are basically two different actions:
There is a so called survival action, which I thought you had meant, where the deceased himself has sued for pain and suffering, lost earnings etc. while he was alive.
Then there is also a "wrongful death" action where the survivors actually sue for their pain and suffering, economic loss etc.
Usually the laws restrict the possibility to sue for wrongful death to the spouse and natural children.
So these are basically two different things. In the first case the estate would be the beneficiary, and when you are in the will, you would get part of it.
In the second case you would not be entitled to recovery, though this would have to be verified by the statute and case law for your state. But it is very probably so.
From what I gather the ongoing suit now is such a "wrongful death" suit, so probably the attorney is right that you cannot recover.
Itwould be interesting to know, though, how your father's original suit was disposed of. Depending on the money involved you might want to invest in a consultation with a lawyer to find out what exactly your options are.
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