Who is considered a “legal heir” for the purpose of filing a wrongful death suit?

In California, a “legal heir” is an individual who is entitled to file a wrongful death suit on behalf of the deceased. Generally, the surviving spouse or domestic partner, or the surviving children or issue of deceased children, are considered legal heirs. Additionally, a putative spouse (a person who entered into a marriage in good faith, prior to discovering that the marriage was void) and a stepchild who was dependent on the decedent for support or services also meet the definition of “legal heir”. In California, a “legal heir” cannot be extended to siblings, aunts or uncles, or cousins of the deceased. The court will determine whether the given relative is a “legal heir” based on the degree of relationship they had with the deceased. In some cases, the court may also extend the definition of a “legal heir” to include any other person that the court deems appropriate to represent the deceased’s estate. In California, wrongful death suits can also be filed by other individuals who were financially dependent on the deceased, such as a life partner or a putative spouse. These individuals may be entitled to seek damages for the wrongful death of their loved one, including reimbursement for medical and burial expenses, lost wages, and other forms of financial compensation. A wrongful death suit can also be filed by a personal representative of the deceased’s estate on behalf of all beneficiaries of the estate. It is important to note that the definition of “legal heir” may differ depending on the individual case and the laws of California. As such, it is highly recommended to seek the advice of an experienced wrongful death attorney in order to ensure that your legal rights are fully protected.

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Who is considered a “legal heir” for the purpose of filing a wrongful death suit?

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