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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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My son was marry to a person in georgia,he file divorce,had

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my son was marry to a person in georgia,he file for a divorce,had the paper serve,she did not show up for court.He than move to Lousaina,came back to Georgia,fell in love with some one else.went to apply for a marry liscene,only to fine out that he was still marry.wife had a baby by some other man.they were seperated over 5 years,thechild is 3 years old.My son was kill in a car accident 5 months ago. I handle all the expense because she couldnt.I hire an attorney here in SC,where he was kill. What say so,or the wife have in this matter?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel. I am sorry to hear of the loss of your son.

You want to know what rights the wife has in regard to your son's death in a car accident if you should get a settlement?

If the divorce was never complete, then the wife is still considered the Next of Kin. Unfortunately, that means she could have a claim to any settlement you would get on behalf of your son. And she can file her own lawsuit, too, which would mean yours would be dismissed. Only the next of kin can file such a lawsuit. I suggest that unless there was a separation agreement where each of the parities removed themselves from any future decision making on behalf of the other, she is the next of kin. But if there was a separation agreement your attorney could move to have her barred from any rights as she would have already waived them in the separation agreement.

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