Q: As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...
My question is.. My dad was married, but separated for close to or over a decade or so... His wife claims to have no time or wanted to take time to deal with his funeral arrangements with cost or anything...
Does Florida law prevent his kids from being in first control of everything when his surviving spouse stepped down from his funeral cost or arraignments? But want to be part of future lawsuits to obtain money or funds on her behalf from her deceased husband.., which is my father...
A: Sorry to hear of your loss.
An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.
Please note that while your dad was "separated," Florida law does not recognize that status. Unless there was a divorce, then your dad's wife remained his wife. As such, she would be eligible to inherit a portion of the estate, known as statutory elective share.
As far as whether a wrongful death claim exists, you need to consult a lawyer who handles such claims to discuss the circumstances/what happened.
Seril L Grossfeld agrees with this answer
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A: As far as the wrongful death part of your question is concerned, there are only a narrow category of people who can collect under a potential wrongful death case. You should discuss the facts of the case with counsel here in Florida to see what your status would be.
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