Legal Question in Wills and Trusts in California

asbestos law

I am one of tow biological children and my father died from mesotheleoma, and lived in California. He was married, and his wife is in charge of his estate. THe problem is, she is estranged from us, and we don't have any idea what is foing on with his case. What are our rights? By the way, we live in Texas.


Asked on 4/22/09, 9:45 pm

2 Answers from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: asbestos law

in my opinion..the biological connection does not give you any rights...you did not depend on him..hence no loss...

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Answered on 4/22/09, 9:59 pm
George Shers Law Offices of Georges H. Shers

Re: asbestos law

I am not sure what your question(s) are. As Mr. McLeaish responded, if you are asking about Workers'Compensation death benefits they only go to the spouse and people who can show economic dependence on the deceased. Often workers' who die of this form of cancer also have suits against the manufacture of the asbestos, but again you do not seem to have any legal rights as to any damages. If he left no Will, then she would inherit all of his assets.

Depending on the Court, you may be able to go to the Court web site and find any suits he may have filed and see what has been filed with the court. Many of the web sites, however require knowledge of the case number or date of hearing.

As to suggestions as to trying to find out about the Will or estate, see the previously answered similar answers on this site.

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Answered on 4/22/09, 10:33 pm


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