Family Law Questions? Ask a Family Lawyer Online.
HelloThis 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.