Proper Heirs
Who are the proper heirs?
Identifying every heir correctly, early, is one of the least glamorous and most consequential parts of a California wrongful death case.
Why it has to be done first
Because California permits only one wrongful death action, every person entitled to bring a claim must be identified and joined. A defendant will not settle a case where an unjoined heir could surface later and sue again, and a court will not approve a settlement that leaves someone out.
A missed heir can unwind a settlement that took two years to build.
Where heirs get missed
- Children from an earlier relationship the current family does not know about, or does not acknowledge
- Children born after the death
- A marriage that was never formally dissolved, leaving a legal spouse alongside a long-term partner
- Adopted children, and children adopted away, whose status has to be checked rather than assumed
- Grandchildren standing in the place of a child who died first
- Dependent stepchildren who meet the statutory support test
What we do about it
We run heirship early: vital records, marriage and dissolution records, probate filings, and where necessary a formal heirship search. It is cheaper and far less painful to find an heir in month one than in month twenty.
Where family members disagree about who belongs in the case, we say so plainly rather than letting it surface at the worst possible moment.
Available 24/7 · No fee or costs unless we recover
Talk to Rich Harris
Tell us what happened. Mr. Harris speaks with every client personally, and there is no fee or costs unless we recover.
Free consultations are offered on a case-by-case basis. Not all matters will be offered a consultation following a preliminary discussion with a paralegal, and not all cases will be accepted.
Day or night, weekends and holidays · Language interpreters available