Legal Question in Wills and Trusts in Florida

Re: Who should file the lawsuit?

Although you say that the lawsuit is being filed

in Florida, you are in Virginia. So first I

would ask the question where did the deceased

woman "live" (main residence) at the time of her

death (not counting temporary travel or visit

somewhere else).

If she was a citizen of Virginia, then Virginia

law would govern her family relationships and

estate. Florida would have to recognize the

decisions of Virginia as to who is authorized

to speak for her.

Under Virginia law, if there is a claim that

the deceased woman would have had if she were

still alive, the executor (personal

represenative) would act in place of the deceased

woman. Or, if the lawsuit is about money owed

to the estate or anything like that, the

executor should file suit on behalf of the

estate.

However, if the lawsuit is a "wrongful death"

lawsuit or something along those lines, then

the husband AND the children should be suing

in their own personal capacity. A wrongful

death lawsuit is NOT a claim that the woman

would have had if she were still alive. It is

a lawsuit for the LOSS to the family from the

death of the woman. In order to get the maximum

amount of money possible *ALL* family that can

say they lost something (including loss of

both emotional and financial support, of any

kind, even "in kind" contributions of services

or help), should join in the lawsuit.

For example, if she were denied insurance

wrongfully during her life, or beat up by law

enforcement in violation of her civil rights,

those would be legal claims that she could have

brought DURING her life, but she is no longer

around to pursue those legal rights. Her executor can (probably) sue in her place, almost

as if pretending that she is still alive, and

taking her place in the lawsuit. That is partly

how you can tell the difference.