Legal Question in Product Liability in Kansas
Legal Heirs
What rights do adult children have when bringing a wrongful death lawsuit on behalf of their father. There is a surviving spouse. The children have no contact with the spouse and are unsure where she is. Can we bring the suit without her?
2 Answers from Attorneys
Re: Legal Heirs
Yes, you can bring the suit without the spouse. If there is a settlement, the court will decide who should receive what part of the settlement - including possibly the absent spouse. But usually a spouse who hasn't been involved with the decedent is awarded a minimal share, and if she can't be found her share could be zero. However, all reasonable efforts to find her must be made if there is a settlement.
Rich McLeod
(816) 421-5656 or (800) 962-5363
www.missouripersonalinjurylawyer.com
Re: Legal Heirs
Under Kansas law, both the surviving spouse and the children are heirs at law. As children, you can petition to open an estate, or file a wrongful death lawsuit based upon the facts and circumstances. An award or a settlement would be divided equitably by the Judge hearing the case.
If you have any other questions or wish to discuss your case further, you may contact me.
Jim Wisler
Wisler Law Offices
Personal Injury Lawyers
1311 Wakarusa Drive, Suite 2200
Lawrence, KS 66049
785-843-4110
866-844-4110 toll free
785-840-0424 fax
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