CALIFORNIA FAMILY LAW
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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.