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Okay so i have a problem my cousin killed himself in a jail i am suing them for wrongful death. They should have had him on suicide watch but anyway. I am the estate holder his mom is dead and he does have a (sperm donor) dad that hasnt had anything to do with him his whole life. Didnt try to reach out to him help him out in anyway. When his mom died his (sperm donor) showed up at her funeral.  Well need less to say is that he didnt come to do funeral arrangements or ever offer to pay or help pay of any of it and he didnt even ahow up for his own sons funeral. How is it that he would get anything out of the suit if its won. He was just a sperm donor. A pos sperm donor. He didnt even want to do anything about his sons death until i started the legal process and he found out it could be a potential muliti million dollar suit? How could this be and is there anyway around it  

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I assume the sperm donor would have had to sign an agreement that he would not be entitled to anything from his child's estate at the time he donated his sperm.  Do you know who handled the donation and insemination?

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I assume the poster is named as a beneficiary in her cousins will and has been appointed executor of her cousin's estate. 

 

I am sure she realizes that under Iowa law, only the decedent's spouse, children, parents and beneficiaries of the decedent's estate can recover damages for the wrongful death.  If the decedent was not married, had no children, and didn't have a will then the only person who can be awarded damages for the wrongful death would be his "sperm donor."

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1 hour ago, Very confused said:

i have a problem my cousin killed himself in a jail i am suing them for wrongful death. They should have had him on suicide watch but anyway.

 

I assume "they" and "them" refer to the county sheriff who was in charge of the jail.  Correct?  Are you the court appointed personal representative of your cousin's estate?

 

 

1 hour ago, Very confused said:

How is it that he would get anything out of the suit if its won.

 

Did your cousin have a will?  Was your cousin married at the time of his death?  Did your cousin have any issue (i.e., children, grandchildren, etc.)?  If the answer to all of these questions, then your cousin's father is the sole heir to the estate and, as a result, is entitled to the entire estate.  Of course, if the answer to any of those questions is yes, then that changes things significantly.

 

 

2 hours ago, Very confused said:

He was just a sperm donor. A pos sperm donor.

 

You can call him all the names you like (and I'm assuming you don't literally mean that the guy was a sperm donor), but that doesn't change his status as your cousin's father, and the law does not make entitlement to inheritance dependent on the subjective quality of the heir's relationship with the deceased.

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I am the court appointed rep. No my cousin didnt have a will or any of the above. I am just a little upset that the guy didnt want anything to do with him at all. I mean i really think that the law should really be changed on this cuz he wasnt there for him at all and wanted nothing to do with him. 

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1 hour ago, Very confused said:

I mean i really think that the law should really be changed on this

Your can contact your state delegates and senator but as of now, your cousin's father (and the lawyers representing the estate of course) is the only one who can benefit from the suit.  Unfortunately, as the court appointed administrator you are required to prosecute the suit on behalf of your cousin's father.  You will be entitled to a commission as administrator.

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3 hours ago, RetiredinVA said:

as the court appointed administrator you are required to prosecute the suit on behalf of your cousin's father.

 

Although the OP likely can withdraw as executor/administrator.

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