Legal Question in Civil Litigation in Texas

Wrongful Death Lawsuit (Alienation of Affection question)

My husband died in June and his attorneys are suiing the chemical plant he worked for wherein he was exposed to asbestos and other chemicals. He had a daughter from a previous marriage that divorced him so to speak over 12 years ago. (He hadn't seen her since 12 yrs. prior to his death in June). In his Will he specifically left her the sum of $1.00 that's it. His Will has been probated. The Wrongful Death suit settlement is underway, however, the company wants a ''full release'' signed by myself and anyone who could make a claim against them (meaning his daughter). His wishes were that she NEVER receive more than one dollar... Do you think an affidavit would surfice to the affect that she cannot make an ''Alienation of Affection claim due to HER decision 12yrs prior to never have any contact with her father? She has no grounds for a claim in my view and I would like your view on this. Thank you.


Asked on 1/29/03, 4:16 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Wrongful Death Lawsuit (Alienation of Affection question)

They'll have to get a release from the daughter, since arguably she has a cause of action against the tortfeasor; your husband's wishes to the contrary.

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Answered on 1/29/03, 5:49 pm
Joseph A. McDermott, III Attorney at Law

Re: Wrongful Death Lawsuit (Alienation of Affection question)

Your husband's daughter is a beneficiary of the wrongful death statute. The claim cannot be resolved without her interest being released. If she is minor, this can only be accomplished by their being a guardian ad litem, appointed by the court, to represent her, and the court will inquire into whether any approved settlement is in her best interest. In any event, whoever represents her will likely insist that she receive a significant portion of the settlement. The will disinheriting her is irrelevant to her status as a benficiary of the death statute.

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Answered on 1/29/03, 6:07 pm


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