Legal Question in Family Law in Missouri

medical malpractice

concerning a med. malpractice.

if sibs of a deceased mother file suit but one child died years before the mother are the children of the dead sibling intitled by law to recieve any moneies or portion there of and what of the children of the living siblings.


Asked on 9/19/06, 12:42 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: medical malpractice

The familial relationships you describe are confusing. If a woman dies with children, her spouse is the most likely Plaintiff in a med mal or wrongful death suit, If unmarried, then her children are next. If she had no spouse and no children, then her parents or siblings would have standing.

If what you are saying is that this woman had no children and her parents predeceased her, then her siblings would have standing to bring the suit and benefit from her estate. If one of her siblings predeceased her, then that person's children could take their place.

Good Luck

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Answered on 9/20/06, 12:27 pm


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