i have a question

[TiffanyNbama]

What is the name of your state (only U.S. law)?

ALABAMA
My husband and I were married January 2005 then seperated shortly there after. We never got a divorce, then he got killed. Am I still his next of kin eventhough we were seperated but not divorced?

 

[LdiJ]

What is the name of your state (only U.S. law)?

ALABAMA
My husband and I were married January 2005 then seperated shortly there after. We never got a divorce, then he got killed. Am I still his next of kin eventhough we were seperated but not divorced?

Yes, you are technically his next of kin. However why you are asking that is significant.

 

[TiffanyNbama]

Yes, you are technically his next of kin. However why you are asking that is significant.

Well because he was killed by a couple who hit him(there fault) and his family has contacted a lawyer. They are trying to persue a lawsuit for wrongful death...can they do that? Also because I thought if I was the living spouse the hospital should've only released his body to me. The funeral home allowed his family to make the decision to cremate him which I would not have done...isn't that wrong by law? Shouldn't I had made those decisions?

 

[acmb05]

Well because he was killed by a couple who hit him(there fault) and his family has contacted a lawyer. They are trying to persue a lawsuit for wrongful death...can they do that?

Sure they can and so can you.

Also because I thought if I was the living spouse the hospital should've only released his body to me. The funeral home allowed his family to make the decision to cremate him which I would not have done...isn't that wrong by law? Shouldn't I had made those decisions?

Why would you want to? I thought you were seperated and have been for at least 2 years. Why would you want to go against his families wishes? Is this a revenge thing or something?

 

[TiffanyNbama]

no it's not revenge i like his family i just know he wanted to be buried beside his grandfather...we had discussed this in the past. we were seperated but still talked. reguardless if we were seperated i still cared

 

[mistoffolees]

Well because he was killed by a couple who hit him(there fault) and his family has contacted a lawyer. They are trying to persue a lawsuit for wrongful death...can they do that? Also because I thought if I was the living spouse the hospital should've only released his body to me. The funeral home allowed his family to make the decision to cremate him which I would not have done...isn't that wrong by law? Shouldn't I had made those decisions?

It is technically wrong by law. It does NOT appear to be morally wrong since you were separated and acting as if you were divorced, his family did what they thought was right. Presumably, you could sue the funeral home for their actions, but what would you hope to gain? It's not going to get him buried where he wanted to be buried.

Since you are still his wife, you could participate in a lawsuit (or file your own) for wrongful death. If he never changed his insurance policies, you are still his wife and entitled to all the rights of a wife. Again, the moral issue may be different. After 3 years of being out of his life, you might ask if you really deserve compensation. In fact, if the other couple's attorney is any good, the fact that you've been separated for years will be admitted into evidence and the jury might well decide you don't deserve anything, anyway.

 

[Farfalla]

It is technically wrong by law. It does NOT appear to be morally wrong since you were separated and acting as if you were divorced, his family did what they thought was right. Presumably, you could sue the funeral home for their actions, but what would you hope to gain? It's not going to get him buried where he wanted to be buried.

Since you are still his wife, you could participate in a lawsuit (or file your own) for wrongful death. If he never changed his insurance policies, you are still his wife and entitled to all the rights of a wife. Again, the moral issue may be different. After 3 years of being out of his life, you might ask if you really deserve compensation. In fact, if the other couple's attorney is any good, the fact that you've been separated for years will be admitted into evidence and the jury might well decide you don't deserve anything, anyway.

There is another issue though I believe. Since they never divorced there was never a divorce settlement, which she is entitled to.

Some questions for the OP... what does his estate look like? is there a will? what about probate? etc?

Though there lived together for a very short time... he did not divorce her. So obviously he did not want a divorce.

I know a married couple who live in separate houses. That is their choice. But they are still married by choice.

 

[mistoffolees]

There is another issue though I believe. Since they never divorced there was never a divorce settlement, which she is entitled to.

Some questions for the OP... what does his estate look like? is there a will? what about probate? etc?

Though there lived together for a very short time... he did not divorce her. So obviously he did not want a divorce.

I know a married couple who live in separate houses. That is their choice. But they are still married by choice.

That is correct. On his death, his assets go to her. (She could, of course, offer to share them with his family if she wishes). Had he filed for a divorce, half of the marital assets (which would presumably have been very small) would have gone to her and his estate would have gotten the rest.

Just one example where "we don't want to stay together but it's too much trouble to file for divorce" is generally a bad strategy.

 

[Ohiogal]

It is technically wrong by law. It does NOT appear to be morally wrong since you were separated and acting as if you were divorced, his family did what they thought was right. Presumably, you could sue the funeral home for their actions, but what would you hope to gain? It's not going to get him buried where he wanted to be buried.

Since you are still his wife, you could participate in a lawsuit (or file your own) for wrongful death. If he never changed his insurance policies, you are still his wife and entitled to all the rights of a wife. Again, the moral issue may be different. After 3 years of being out of his life, you might ask if you really deserve compensation. In fact, if the other couple's attorney is any good, the fact that you've been separated for years will be admitted into evidence and the jury might well decide you don't deserve anything, anyway.

WHAT? If they didnt' have a legal separation she was still his wife AND entitled to all the rights of a wife. HOWEVER, she would have to prove her loss in a wrongful death action.

 

[Ohiogal]

no it's not revenge i like his family i just know he wanted to be buried beside his grandfather...we had discussed this in the past. we were seperated but still talked. reguardless if we were seperated i still cared

Did he OWN the cemetery plot next to his grandfather?

 

[Ohiogal]

That is correct. On his death, his assets go to her. (She could, of course, offer to share them with his family if she wishes). Had he filed for a divorce, half of the marital assets (which would presumably have been very small) would have gone to her and his estate would have gotten the rest.

Just one example where "we don't want to stay together but it's too much trouble to file for divorce" is generally a bad strategy.

This is ONLY correct IF he did not have a will or children born to another woman. If he had a will that controls however she can elect to take against the will her INTESTATE portion of assets.