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Do step children have the right to file a wrongful death suit for there stepfather?
Wiki User
∙ 13y ago
Depends on which state they live in. In three states, California, Idaho and Utah
it would depend on dependency and age.
IN all others NO.
In most states the immediate family members are the only parties who can file a wrongful death suit. That includes parents, children, and adopted children. Some states have extended the right to grandparents, step parents and step children and courts can authorize other parties such as creditors and beneficiaries. You need to consult with an attorney in your state who can review your situation and explain your rights and options under your state laws.
Wiki User
∙ 13y ago
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Do step children have rights to probate step fathers will?
Does stepchildren have right to there stepfather will
Do step fathers have rights to children if married to bio mother?
Unless the stepfather has legally adopted the children, he has no built-in legal right to them.
If mom was killed in car accident and one son is dead with surviving children and other siblings are suing under wrongful death act do the children of dead son have a right to claim his share?
Here it was a real accident and not a murder, so the siblings can not file a case as they will eventually get what is due to them.
Does a stepfather who raised the child since birth have more right then a bio father?
they should because the stepfather is the dad not the bio father
Is it right to accuse a person of a wrongful act if you where not there to witness the crime?
No
Can someone be sued for murdering someone and if so what is that civil suit called?
Yes, someone can be sued or held liable both criminally and civilly, for the death of another. Aside from a murder charge (which is criminal/penal in nature), the surviving relatives of the deceased victim have the right to make what is called a '''wrongful death claim. In a wrongful death claim, the surviving family is asking for monetary damages for the loss of their loved one.''' Yes, that's what happened to O.J. It is called a Wrongful Death suit. Yes aside for being a murdering S.O.S. the victim has also had their civil rights violated. *Also you are not the one who will charge the person fore the murder but the "State, province, country etc." are the ones in charge of that ; But it could be different for different countries.
Does a stepfather have the right to sign a school permission slip?
Yes, as they do have a certain level of responsibility for the child.
What are some suggestions for wrongful death claims and New Jersey law insights from attorneys?
Consult with an attorney: Wrongful death claims can be complex, so it's crucial to seek the guidance of an experienced wrongful death attorney in New Jersey. They can assess the details of your case and provide personalized advice. Statute of limitations: In New Jersey, there is a statute of limitations for filing wrongful death claims. Generally, the claim must be filed within two years from the date of death. Failing to file within this timeframe may result in the loss of your right to seek compensation. Eligibility to file: In New Jersey, the representative of the deceased person's estate typically files a wrongful death claim. This representative is usually appointed in the decedent's will or by the court. The representative can be a family member, executor, or administrator of the estate. Establishing negligence or liability: To succeed in a wrongful death claim, you generally need to prove that another party's negligence or intentional actions caused the death. This may involve gathering evidence, such as medical records, witness statements, expert opinions, and other relevant documentation. Damages: If successful, wrongful death claims can result in compensation for various damages, such as medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and emotional pain and suffering. New Jersey law specifies who can receive damages and the types of damages that may be awarded. Comparative negligence: New Jersey follows the principle of comparative negligence, which means that the amount of compensation awarded may be reduced if the deceased person's actions contributed to their own death. The court will determine the percentage of fault assigned to each party involved. Survival actions: In addition to a wrongful death claim, New Jersey law allows for survival actions. Survival actions seek compensation for the pain and suffering the deceased person experienced before their death, as well as any economic damages they incurred. Remember, these are just general insights, and the specific details and requirements of wrongful death claims can vary depending on the circumstances and New Jersey state laws. It's always recommended to consult with a qualified attorney to understand how the law applies to your particular case.
Do biological children have a right in the estate of their mother over a stepfather?
It depends upon the laws of the state in which the person resided at the time of death. In many states where a will does not exist the surviving spouse "automatically" becomes sole owner of all personal and real property aquired during the marriage. Other states have laws in which the children of the deceased parent receives a portion of the estate when no will exist. The best option is to contact an attorney who practices in the field for information regarding the governing state laws.
Do stepchildren have rights to the estate of their stepfather?
The children are entitled to an interest if they are minors in most states, adult children are treated differently. You need to consult with an attorney who is familiar with the laws in your state. You can check your state laws of intestacy (without a will) at the related question link provided below.
What happens when a stepfather refuses to give family heirlooms to an adult child whose mother has passed?
That depends on several factors. First if there is a will and it gives everything your mother owns (which is quite common) to your stepfather then there is nothing you can do, because he now owns them. If there is no will, the laws of the state probably provide that if a decedent leaves a spouse and children of a predeceased spouse, then all of them have a proportionate share of the estate. In that case both you and your stepfather own each heirloom in whatever proportion the statute specifies. You would have to buy back the heirloom paying him for his pro-rata interest in the value of the items. Unfortunately, this is an all too common situation, which results in things like a mother's diamond ring going to the stepfather who then has the right to sell it or give it away to his own children, if he has any, in his own will.
Does a widowed stepfather have any right to continue raising his wifes children?
If the biological father is still alive, then he may have responsibility. If you have adopted the children or have received a 'parenting order' then you may have responsibility. Check with a lawyer or citizens advice office to clarify local law. Answer was based on sources listed as related links.
