QUESTION
As a rightful beneficiary, how do I defend against the motion? And can I do something to have the motion dismissed because of the error/wrong name?
Asked on Sep 14th, 2015 on Wrongful Death - Virginia
More details to this question:
I'm the sole beneficiary to a settlement from my deceased father. Two other girls just filed a 'motion for leave to intervene'. In the 'motion for leave to intervene', their attorney has misspelled my father's name all throughout the motion. Not only has their attorney misspelled my father's name, who their claiming to be children of, the motion has the incorrect last name of my father. Is there something that I can do to legally have this motion dismissed because of the incorrect name?
1 ANSWER
In a wrongful death case, the court must determine the correct list of family entitled to get the proceeds. If you have a lawyer, you should consult them. If there is no lawyer handling the case for the personal representative of the estate, then you should talk to a lawyer experienced in wrongful death about the case. Any motion must be aswered or there is a risk the court may be mislead about who the beneficiaries are. This sounds like a case worth seeking counsel for. It is hard for me to tell you more without knowing all the facts.
Answered on Sep 15th, 2015 at 3:09 PM