Legal Question in Wills and Trusts in Virginia

Wrongful Death and Spouse abandoned handling deceased affairs

How can I for the children's sake, obtain medical records needed for wrongful death suit filing when wife of deceased won't cooperate/sign authorization for release? She has abandoned his estate affairs although he had no written will and had received about $30,000 from sales of his business items yet never reported to IRS, Soc.SEC, or gave children anything. She spent all the money on shopping and drug use (have proof and witnesses). She is incompetent and was in a mental institution for a few days, also. It has been close to a year since my children's father died and she has done nothing at all, despite my calls, deceased family's calls to her, etc. Thank you.


Asked on 3/16/07, 8:26 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Wrongful Death and Spouse abandoned handling deceased affairs

Assuming that this allegedly non-performing spouse is your successor in marriage to the decedent and that she has failed to perform her duties as administrator of his intestate estate, you as the former wife of the dececent and mother of his surviving offspring, would have standing to apply to the court to replace the current administrator of the decedent's estate

and, if so appointed as her replacement, you would then have all the necessary authoritiy to undertake whatever actions are necessary to protect the interests of the decedent's beneficiaries(mainly your children).

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Answered on 3/16/07, 9:48 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Wrongful Death and Spouse abandoned handling deceased affairs

You should be aware that the statute of limitations in the Commonwealth for wrongful death is two years.

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Answered on 3/16/07, 9:59 am


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