CALIFORNIA FAMILY LAW
...Death of a Spouse
......Wrongful Death
3 Cards On This Topic:
  • While wrongful death proceeds may be equitably apportioned b/t widow and other heirs & strength of marriage is factor to consider, deceased's stmts he intended to end marriage insufficient standing alone to support finding of same.
  • Nursing homes failed to show W had authority to agree to arbitration on H’s behalf; marital status could not confer agency where H’s VA advance directive expressly reserved the right to make his own decisions until and unless he became incapacitated.
  • Issues surrounding wrongful death claims.