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Rights to inheritance

 
 
Heidihi
 
Reply Thu 3 Sep, 2015 03:03 pm
Bear with me. Father dies suddenly from bladder cancer in 2009 resided in Florida. Was married for 32 days before he passed. Married in Florida. Wife immediately moved to California after his death. She (his wife) dies suddenly in California in 2013. Me (daughter) starts lawsuit in 2013 against the drug company that makes Actose, which is the drug that caused my fathers bladder cancer and led to his death. This case is coming to an end. My question is since my fathers wife is deceased are her adult living children (whom were no relation to my dad or I ) entitled to any of this money? Since she died in California it would go by California laws I am told. My Actose attorneys say no yet probate attorneys in Florida say yes but since she lived in California they said they need to research the laws more. Neither person had a will both died suddenly. Thank you in advance for any helpful information you may be able to provide.
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Type: Question • Score: 3 • Views: 903 • Replies: 6
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jespah
 
  2  
Reply Thu 3 Sep, 2015 03:24 pm
@Heidihi,
Yes, they need to research more. Are these two sets of lawyers in touch with each other? If not, then they should be.
Heidihi
 
  1  
Reply Thu 3 Sep, 2015 03:29 pm
@jespah,
Oh yes absolutely! They were talking just yesterday.
jespah
 
  2  
Reply Thu 3 Sep, 2015 03:37 pm
@Heidihi,
Oh, good. I don't need to tell you that you've got a complicated fact pattern on your hands. And I'm sorry for your loss.

The answer to the whole thing might (helfino, but it's possible) depend on where the matter is venued. Probate is state law and so is med mal, but the crossing of state lines with potential claims in more than one state means that Federal jurisdiction could apply (and with a wrongful death case, I'd say you've hit the jurisdictional minimal requirement). But even with a Fed case, there will likely have to be some choice of law considerations. It's a tangle for your lawyers and it'll be a tangle for the judge(s) as well.

It's been over 25 years since I last practiced, so my word on this isn't great. In all honesty, it's as complicated as a Bar Exam question.
Heidihi
 
  1  
Reply Thu 3 Sep, 2015 03:43 pm
@jespah,
Yup that's what I was afraid of. It is very complicated. And complications mean time and money. Lol. I wish it was just a yes or a no. If by law they are entitled I don't wish to fight the law however it would be very upsetting. We don't even know these people and my dads wife didn't even raise them. They were raised by their dad and step mom. Sad
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PUNKEY
 
  1  
Reply Fri 4 Sep, 2015 06:29 am
How about an offer of 1/32 of the settlement, or for however long she was with him before he died?

(I'm assuming that he had this cancer way before he met her)
Heidihi
 
  1  
Reply Fri 4 Sep, 2015 06:42 am
@PUNKEY,
Yes that seems fair! Lol. It was a high grade cancer and he had it for about 6 months before passing away. Yes Prior to the marriage, meeting I'm not sure of.
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