Legal Question in Product Liability in Kansas

Legal Heirs

What rights do adult children have when bringing a wrongful death lawsuit on behalf of their father. There is a surviving spouse. The children have no contact with the spouse and are unsure where she is. Can we bring the suit without her?


Asked on 2/29/04, 7:04 pm

2 Answers from Attorneys

Richard McLeod McLeod & Heinrichs

Re: Legal Heirs

Yes, you can bring the suit without the spouse. If there is a settlement, the court will decide who should receive what part of the settlement - including possibly the absent spouse. But usually a spouse who hasn't been involved with the decedent is awarded a minimal share, and if she can't be found her share could be zero. However, all reasonable efforts to find her must be made if there is a settlement.

Rich McLeod

(816) 421-5656 or (800) 962-5363

www.missouripersonalinjurylawyer.com

[email protected]

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Answered on 3/01/04, 7:21 am
Jim Wisler James L. Wisler Law Offices

Re: Legal Heirs

Under Kansas law, both the surviving spouse and the children are heirs at law. As children, you can petition to open an estate, or file a wrongful death lawsuit based upon the facts and circumstances. An award or a settlement would be divided equitably by the Judge hearing the case.

If you have any other questions or wish to discuss your case further, you may contact me.

Jim Wisler

Wisler Law Offices

Personal Injury Lawyers

1311 Wakarusa Drive, Suite 2200

Lawrence, KS 66049

785-843-4110

866-844-4110 toll free

785-840-0424 fax

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Answered on 3/02/04, 6:09 pm


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