What happens to the estate my late husband and I shared if his ex-wife wishes to pursue a wrongful death suit on behalf of their minor son?

The death suit is against a doctor. My estate consists of the household items that my husband and I shared together as well as a truck and his 401K, which has already been transferred into my own 401K. There are also some monies that were received from his workplace for bonuses and ending salary. Would I be in a better legal position if I was the one pursuing this suit?

Asked on June 6, 2012 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  You need to be involved in the suit as well if there is a case.  You can not pursue it on behalf of his son because you are not his legal guardian.  Working together here is the key.  As for your assets held with your husband or left to you, it depends on if they were left to you as a beneficiary or joint tenant.  If they were not then they are part of his estate and his son may share.  But the lawsuit should not have an effect on it at all.  Good luck.

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