Who is entitled to be a wrongful death case?
A.: In California, Code of Civil Procedure ยง377.60 identifies all of the persons who are proper parties to bring a wrongful death case. Proper parties include the decedent’s surviving spouse, domestic partner, children, and children of pre-deceased children. If there is no surviving children of the deceased, any persons, including the surviving spouse or domestic partner, who would otherwise be entitled to inherent the property of the deceased if he or she died without a will. Additionally, if they were financially dependent upon the decedent, stepchildren or parents may also have the right to bring a wrongful death claim. Additionally, any minor, whether or not a natural child or a stepchild, who has resided in the home of the decedent for the prior six months and been dependent upon the decedent for at least one-half or more of his or her financial support also has the right to bring a wrongful death claim. For the purposes of this statute, a “domestic partner” means a person who was
