What's your legal opinion on this case?

[KRL]

One of my friend's father died last year. His father had gotten divorced and gone gay in his 50's and was living with a male partner.

The guy was taking Fen-Phen the diet drug and had a heart attack and died.

The deceased had signed papers for that class action Fen-Phen case settlement prior to his death. The check arrived a couple weeks after his death and the male partner kept the check without telling anyone and cashed it.

The deceased's children are now suing the drug company with the strategy that the prior signed settlement agreement is null and void because the deceased father never got the check before he died and therefore no consideration in the agreement was ever received and accepted by the signator of the agreement.

I told him they might have a good shot at it under these circumstances and a judge might vacate the prior signed agreement and allow them to sue for the father's death.

[XYCash]

Yeah..they probably could take the money away from his partner. Whether or not that might be right I won't argue about.

In most states I couldn't even visit my partner of 10 years in a hospital if he were on his death bed.

[eroswebmaster]

I guess it depends upon the will, if there was one.

When my mother died, my uncle sent out copies of the wills for both of her parents.

It laid out *quite extensively I might add* a number of scenarios.

If the father died and left a will leaving his lover everything then all they can do is go through probate court and contest it.

If there is no will, then it sure as hell will get more confusing and they just may have a shot, but it may not be with the drug company unless they specifically made it out to the lover.

but it sounds as if the lover was able to act as executor of the estate if he were able to cash the check. If not there might be criminal issues involved here.

[KRL]

No the lover doesn't know that they know he got and cashed that check.

But the issue they are more concerned with is being able to void the fact the father signed off on that puny amount in the class action case.

They want to be able to sue independent of that for $3 Mil now that he in fact died because of taking Fen-Phen.

The insurance company for the drug manufacturer is claiming since he signed off on a prior class action agreement, his heirs now have no right to sue independent of the class action settlment.

The heirs say fuck that bs, he died, he never got his check, and the other agreement he signed off on is no longer valid because the consideration check never arrived prior to his death nor did the family even know he had signed that agreement.

[eroswebmaster]

Originally posted by KRL
No the lover doesn't know that they know he got and cashed that check.

But the issue they are more concerned with is being able to void the fact the father signed off on that puny amount in the class action case.

They want to be able to sue independent of that for $3 Mil now that he in fact died because of taking Fen-Phen.

The insurance company for the drug manufacturer is claiming since he signed off on a prior class action agreement, his heirs now have no right to sue independent of the class action settlment.

The heirs say fuck that bs, he died, he never got his check, and the other agreement he signed off on is no longer valid because the consideration check never arrived prior to his death nor did the family even know he had signed that agreement.

Okay I see what you're saying now.

they want to file a wrongful death lawsuit for an even higher amount.

Tricky. But I guess it still boils down to whether or not the lover could act as the executor of his estate. If so then they probably don't have a case since he signed and cashed the check.

but that doesn't mean a lawyer won't take the case and win some money.

[HEARTBREAKER]

this might happen in the absence of the last will...

[freeadultcontent]

Been down the malpractice road before.

Father had joined the class action, thus removing his rights to go after them on his own. Such suits are for the whole and not the individual. They would already consider illness caused, long term problems, deaths of various individuals, and side effects that would or could eventually cause death.

He had signed on and is part of the whole, when the group settled your friends father also settled. Settlement agreements do have such agreements as no future suits from any of the parties, including deaths attributed to it etc.

This would most likely preclude your friends fathers children from going after the company for wrongful death.

Now onto the other portion. If your friends father's partner was a "life partner" etc. Been with him for many years, stuck with him through the sickness, and all that goes along with it. Basicly did everything as a "wife" would have done. He could easily argue that the money is indeed his. Specially if they shared bills, and other monitary issues. This of course if there was no will.

How the check was cashed could be an issue, unless they did have a joint account, yet if they did again see above.

The only real recourse I see is going after the partner in civil and probate court. With a very big but. If the kids were not at his side, ignored him or would not deal with him because of his chosen life style expect to make a few lawyers rich over sour grapes.

Just my

[AllisonWonderland]

Originally posted by KRL
The heirs say fuck that bs, he died, he never got his check, and the other agreement he signed off on is no longer valid because the consideration check never arrived prior to his death nor did the family even know he had signed that agreement.

He was obviously an adult, it doesn't matter that "the family didn't know he signed it".

Originally posted by freeadultcontent
How the check was cashed could be an issue, unless they did have a joint account, yet if they did again see above.

Doesn't matter if they had a joint account, issues are: was the lover the Executor, who was the check made out to and how was it was endorsed.