Can I Sue Someone for Not Taking Better Care of Someone Who Later Died?
Full Question:
Answer:
The answer will depend on who was appointed executor in the will and whether the will has been probated. It is the executor’s responsibility to make sure the deceased’s wishes in the will are carried out. If the girlfriend was named as executor, it is possible you can file a claim for breach of fiduciary duty if the will has already been probated. If someone else has been named, you should receive notice of probate of the will and opportunity to object to the distribution if improperly made.
There is no law prohibiting someone from referring to themself as someone’s wife unless more is involved, such as they are misusing your identity or defrauding creditors. It will be difficult to prove that had you had access, he would have lived longer, due to the unpredictable nature of the disease, even with proper care. To prove wrongful death, it needs to be proven that but for the acts of the defendant, the deceased would be alive, and there is no telling how much longer the survival would have been. We are prohibited from giving legal advice, as this service provides information of a general legal nature. We suggest you contact a local attorney who can review all the facts and documents involved.
