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Wednesday, July 13, 2011

My husband/wife and I are divorced. Who has the right to bring a wrongful death action on behalf of our minor child?

The individual who has physical custody of the minor child will have the exclusive right to bring the action if they file within six months of the minor’s date of death. After the six months has expired the non-custodial parent and/or a 3rd party representative may bring the action.

How will the proceeds be distributed?

The proceeds will be distributed in accordance with the Alabama law of intestate succession. (Alabama code §§ 6-5-390 and 6-5-391)  JDF (205)912-8247

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