How would the following two problems be resolved in your state?
How would the following two problems be resolved in your state? You may have to check both statutory law and case law.
a. Fred and Jill are married. Fred is killed in an automobile accident with the ABC Tire Company. Jill brings a wrongful death action against the ABC Tire Company. The attorney of ABC learns that Jill was married to someone else at the time she married Fred. The attorney claims that Jill cannot bring the wrongful death action, since she was never validly married to Fred.
b. Bob and Mary are married. Bob dies intestate. Mary claims Bob’s estate (i.e., his property) pursuant to the state’s intestate law. Bob’s only other living relative, Fred, claims that he is entitled to Bob’s estate. Fred argues that Mary is not entitled to any of Bob’s property because the marriage between Bob and Mary was invalid and should be annulled.
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