Legal Question in Civil Litigation in Georgia
My fiance whom was separated from his wife since July due to her having an affair and she left him with a five year old also she has a fourteen year old with her ex husband who is living with his father , we have some unanswered questions regarding a situation and tragedy which occurred recently and I have no knowledge of providing advice as I have never been in this situation or known anyone who has my next option was to contact an attorney but with these hard times it can be very expensive,
As I have stated told you my fiance was married to a woman for approximately seven years in which they had a child in the midst of the marriage which he is five years old.In late September his wife contracted the H1N1 virus and it progressed to pneumonia which set into her lungs in the progression of the sickness she passed away because of a honest mistake regarding her breathing apparatus.. Since he and she were still legally married He took responsibility and paid for her 16k funeral her mother and brother arranged this money would ultimately come out of the five year old life insurance money which the the fourteen year old get 90k and the five year old gets 90k.. Now that everything is laid to rest with her he has a few unanswered questions ... First one is her family wants to sue the doctors for malpractice however we do no believe in that, as God took her for his reasons, since she didn't have a very good relationship with her family can they go around my fiance and sue them on their own even with his objections? Also she had a bank account which her late boyfriend had her debit card and was using it full time with her permission as far as we know. before she passed,there been a few pay checks and also she borrowed 5k off her 401k which he only gave the two boys like 300 each and told us he had money in the account however his name was not on the account and he refused to hand over her purse which she also had several other accounts in her name this is unpaid debt now. will my fiance be liable for paying this debt of hers? Also he is concerned with taxes he don't know what to do as far as filing should he file hers and his together or should he file separately ? Also there was some assets that was in her and his name like a car how would he get her name off the car now? also we are wondering how he can get any information as far as her bank accounts and her debt does he have to get a power of attorney for this to ask the bank for the information?We are desperately needing information regarding this I have done a little research but keep coming up with wrong answers.. I would greatly appreciate your opinions on the matters...
1 Answer from Attorneys
If he believes there was malpractice (and no facts in your post show that, but you gave no specifics so there is no way to know) he needs a lawyer for that IMMEDIATELY. Any delay can harm that case. A consultation in such cases would usually be free.
As for sorting out the estate, he needs to see an estate lawyer immediately to see what claims he may have. He probably cannot pursue a malpractice case without addressing that, so again he needs a lawyer immediately.
Every day matters in these type cases. The children also may have claims on the estate that a lawyer should address. The worst thing you can do in this situation is try to be his lawyer and research online or elsewhere when he actually needs to see a lawyer.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
