Legal Question in Criminal Law in Rhode Island

Re: theft

It is unfortunate what people will do for money. However, I would agree to include his kids in the wrongful death case in order to get your proprety back. I know that this sounds repugnant, but they are rightful beneficiaaries under a wrongful death suit. Therefore, you are not giving anything up. Get your belongings first and then agree to include them in the action as they could file their own independent action anyways.

Good Luck,

Gregg Manes

Re: theft

I am sorry to hear about your husband's death. His son's actions certainly have not helped your situation! While criminal action may be appropriate, I believe it will not be easy to get a prosecutor to file in this type of case. If you have a valid wrongful death claim because someone's action caused or contributed to the death of your husband then you should have an attorney handling that for you! Your husband's sons are automatically included in a wrongful death claim. The law allows the executor of his estate to bring a wrongful death claim. The claim is brought on behalf of all of the members of his family. That includes children as well as you. Any settlement has to be approved by the probate Court. The amount of money that any one family member gets is based on the significance of the loss to them-both emotionally and financially. If your husband's sons are not aware of this, you may be able to "negotiate" with them without really giving anything up! Feel free to call and talk to me on the telephone if you have more questions. No charge or obligation for the call. Good luck to you.

DHD

Re: theft

Whoever is representing you in the wrongful death suit should also be prosecuting this issue for you. If he isnt, why not..as I'm sure the wrongful death suit will be rewarding him kindly. This attorney is key to your retrieving those items, and if he's not willing to do this, is that really a good sign??