Legal Question in Personal Injury in Alabama

Re: Mothers Rights

The law of the place where the wrongful death occurs controls. It is the Alabama Wrongful Death Statute which must first be checked. I do find it Very unusual that the ex-wife would control. However most Wrongful Death Statutes vest the authority to prosecute the claim in the personal representative. I would guess that she qualified as Executrix or Administratrix and thus gained stature to take the action. Usually, however, settlement is subject to a judicial review and approval. Heirs and persons dependent upon the decedent as well as other blood family members should consult Alabama counsel as soon as possible. There are strict time limitations in all of these matters.

Re: Mothers Rights

I am a little unclear about where the "monies" came from. Was the ex-wife paid only life insurance or was there a lawsuit and settlement? If there was only life insurance, then the money would go to whoever was named as beneficiary, it wouldn't matter who "should" have received it. Was the accident the fault of another person? Was suit ever filed? If not, you might need to talk with a local attorney about this matter. If you need to speak with me free of charge, please call 205 - 322 - 3747. Thank you.

Re: Mothers Rights

Please clarify - were the children the children of the ex-wife or the mother? Was the mother married to your friend at the time of his death? Who are "the companies?" What money? You have an interesting question, but I need more information to be able to help you.

Re: Mothers Rights

I don't think you can view it as the ex-wife over the mother. Actually, any recover from the case would go to the heirs at law in Alabama. The heirs at law, if they were legitimately divorced, would be the children. The ex-wife might have been named as the administratrix or executrix of the estate in order to file the lawsuit, but the funds would have gone to the children or into a conservatorship. Also, in Alabama, the wrongful death proceeds do not pass through the estate. The claim for funeral expenses would have to be made through the estate if there is one.