Legal Question in Wills and Trusts in Florida

Class Act Suit filed by a sibling against tobacco industry

Other siblings led me to believe that they were filing a law suit against the tobacco industry. Told me that we didn't file in a timely matter but went ahead and filed and they will be getting paid soon, excluding myself and 4 other children. They only included their immediate whole siblings. Did it secretly. I found out by accident. Also, my father had a will done namimg me beneficiary of his estate. Also, my name is on the death certificate because I took care of him and paid the money to bury him and they did not. Is there something I can do to block this or at least include all my siblings. There are 9 of us and they have it where only 4 of my father's children will be getting paid. Is there anything I can do at this point. Their filing attorney is Willie Gary and Yvonne Reynolds at 1-800-329-4279. I cannot get a return call from them. I have left several messages for them all day today. Let me know what can be done or if anything can be done. Does probate matter in these type of cases? THANKS!


Asked on 5/26/09, 3:18 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Class Act Suit filed by a sibling against tobacco industry

I doubt that it is a class action. If it is a wrongful death case, then the personal representative recovers for the benefit of the estate, the spouse, and minor (under 25) children. If there is no surviving spouse, then adult children can recover. Only the PR brings the claim. See if there is a law suit actually filed. Look in the court records online in the county where he died to see if a claim was brought.

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Answered on 5/26/09, 5:21 pm


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