Washington, DC asked in Wrongful Death for Arizona

Q: My question is simple my sister was killed when struck by a driver in Safford Arizona recently. Now her biological

Father has put a wrongful death lawsuit/claim. The problem is he was never in her life and my father raised her. It's complicated because our mother is deceased now leaving four siblings from mom's side and four siblings from dad's side and a biological father who is now wanting to file this claim. This is heartbreaking because all of a sudden he is concerned. I have been in my deceased sister's life always and we were very close. I need help with this. Thank you for your time and consideration in this matter and time.

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2 Lawyer Answers
John Leader
John Leader
  • Tucson, AZ
  • Licensed in Arizona

A: We are very sorry for your loss.

In Arizona, here is who can file a wrongful death claim: the surviving spouse of a decedent, the surviving children of a decedent and a surviving parent or guardian of a decedent. Many wrongful death attorneys offer free case consultations. Your situation does sound complicated. It is advisable to reach out to a wrongful death attorney and have a consultation.

You can search for one on Justia.com and find one in Arizona. Please accept our condolences to you and your family.

Peter N. Munsing
Peter N. Munsing

A: I agree. You need to contact a member of Az Trial Lawyers Assn in the county where it happened. They give free consults. Do it now. An estate has to be opened for purposes of litigation. Notify your sibs so no one thinks you are in a weird race to be executor. Also note if your sister's dad opens an estate first, under normal rules all survivors have a right to be co-executors.

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