Legal Opinion
Wilmot v. Wilmot
Arizona Supreme Court
Decided December 5, 2002No. CV-02-0130-PRPublishedCited by 20 opinions
1Opinion of the Court
OPINION
FELDMAN, Justice.
¶ 1 Several months after Milton Wilmot died, his surviving wife brought a wrongful death action under Arizona’s Wrongful Death Act, A.R.S. §§ 12-611 to 12-613. The wife and her attorney knew that decedent had six adult children from a previous marriage, yet they settled the case without obtaining the consent of the children.
¶ 2 Those children challenged the settlement, asserting that by settling "without their knowledge and consent the wife breached a fiduciary duty owed to them as statutory beneficiaries. The trial judge denied their motion to set aside an order…
2Cases cited11 opinions
- Zamora v. ReinsteinArizona Supreme Court · 1996
- Summerfield v. Superior Court, Maricopa Cty.Arizona Supreme Court · 1985
- Gemstar Ltd. v. Ernst & YoungArizona Supreme Court · 1996
- Fickett v. Superior Court of Pima CountyCourt of Appeals of Arizona · 1976
- In Re the Estate of MillimanArizona Supreme Court · 1966
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Coleman v. City of MesaArizona Supreme Court · 2012
- Willie G. v. Arizona Department of Economic SecurityCourt of Appeals of Arizona · 2005
- Valder Law Offices v. Keenan Law FirmCourt of Appeals of Arizona · 2006
- James v. StateCourt of Appeals of Arizona · 2007
- White Mountain Health Center, Inc. v. Maricopa CountyCourt of Appeals of Arizona · 2016
15 more not listed; retrieve them via the Exa API.