Legal Question in Wills and Trusts in California

wrongful death

My ex-husband was hit by a drunk driver, one year ago, my ex-mother in-law (his mother), took it upon herself to file a wrongful death suit for the two children the we (myself and my ex-husband) had together, without my knowledge or permission. There was a court hearing in Bakersfield, Ca, (place where accident happened), my ex-mother in-law has basically kept me in the dark about all of the goings on with this. At the court hearing I believe she was made trustee of the monies that were awarded, which she is supposed to put into a trust fund for my children. Ex-Mother In-Law's attorneys do want me to sign some kind of release form. My question is did she have the right to file this suit as I am the custodial parent and my children live with me.

Thank you,

--name removed--Garcia


Asked on 2/27/05, 11:47 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: wrongful death

I suggest that you so not sign the release form or anything else until you have personally consulted with an attorney of your choosing. You should obtain a copy of the file and have it reviewed by your own attorney.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 2/28/05, 10:22 am
Scott Linden Scott H. Linden, Esq.

Re: wrongful death

I agree with Mr. Levy. By all means you should sign NOTHING until you have had the document reviewed by an attorney with YOUR best interests in mind.

Scott

www.No-Probate.com

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Answered on 2/28/05, 8:09 pm


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