Can an ex-wife sue on behalf of a the children in an accident that resulted in a death?

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Can an ex-wife sue on behalf of a the children in an accident that resulted in a death?

Can an ex-wife, was married around 10 years, sue on behalf of 4 kids in a wrongful death suit? It was an auto accident, vehicle vs motorcycle, and the father on the motorcycle died. The driver was convicted of failure to yield. The current wife has been made administrator of the estate.

Asked on September 23, 2011 under Personal Injury, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The ex-wife can absolutely sue as the custodial parent of the children. The children cannot represent themselves and they are minors, so an adult can sue on their behalf. What happens from there is if the court decides the children can prevail and win the suit, the monies will probably be ordered into a trust account with the custodial parent as the trustee of the accounts until the children begin to reach the age of majority. The current wife may be the administrator of the estate but the estate may have no bearing on this lawsuit by the children who are living.


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