Q: Does a widow remain next of kin indefinitely even if they remarry?
My father passed away in January 2020. He was in the Marines and was stationed at Camp Lejeune. I'm wanting to file a claim because he died as a result of being stationed there. Would my lawsuit need to incorporate his widow if she's remarried?
A: Typically in a wrongful death lawsuit, all heirs must join either as plaintiff's themselves or as a nominal defendant. You may also have to comply with the Federal Tort Claims Act. Given that he died over two years ago, you may also have a statute of limitations issue. You should consult an attorney that specializes in lawsuits against the military/marines/navy, etc.
A: If she was married to your father at the time of his death, she likely needs to be included. The fact of re-marriage would likely affect her claim for damages, though. Discuss with a knowledgeable personal injury attorney.
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