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  #1  
Old 10-14-2005, 08:22 PM
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Join Date: Oct 2005
Posts: 2

Mesothelioma Wrongful Death in Florida


What is the name of your state?What is the name of your state? Florida
Location: Marion County
Date of Victim's Death: June 29th, 2005
Source of Asbestos Exposure: 15+ years working for the City Sewer Dept.

My wife's father is the victim referenced above, but we live in New England and I have questions regarding a wrongful death suit that is being filed by my wife's step-mother.

My wife recieved a letter from a lawyer representing her step mother in the wrongful death suit requesting that we sign an attached document and mail it back to their office. The document is titled:
"WAIVER OF PRIORITY, CONSENT TO APPOINTMENT OF PERSONAL
REPRESENTATIVE, AND WAIVER OF NOTICE AND BOND
"

Also enclosed was a copy of the "PETITION OF ADMINISTRATION" which lists as the sole asset in the estate of the decedent:
"Potential recovery of damages under the Florida Wrongful Death Act"

All of this is probably very "standard operating procedure", so forgive my ignorance. However, the step mother has stated repeatedly to the 3 surviving children (all over the age of 30) that there is no will, and the father's possessions will be divided up as she sees fit, but any procedes from the wrongful death suit "belong to me as the spouse, and the kids are not entitled to any money". There have already been several instances of the children not appreciating there father's possessions being given to the step mother's son, instead of the children.

Here are my questions:
1) Is it true that any procedes from the wrongfull death suit are for the spouse alone, and the children do not receive any recovery of damages for the loss of their father?

2) Do the children relinguish any rights by signing the document sent by the lawyer?

3) Should the children be/get involved in the wrongful death suit?

I hope I have supplied enough information. Thank you in advance for any advice anyone can give me and my wife.
  #2  
Old 10-20-2005, 07:55 PM
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Join Date: Oct 2005
Posts: 2
Update:

Okay, I have been told by a local attorney that the probate form is "standard", but they could not comment further on Florida law.

Is there anyone here who could answer the question:
"Do the children of the deceased father have any legal right to any proceeds from a wrongful death suit, since this is the sole "asset" of the estate listed on the probate courts document?"

Thanks for any help on this.
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