3.8 Responsibility to Wrongful Death Beneficiaries. In Wilmot v. Wilmot,84 the Arizona Supreme Court held that a statutory wrongful death plaintiff under A.R.S. § 12-612 has a fiduciary duty to act on behalf of all beneficiaries who seek or may seek to assert claims, and that the lawyer for the statutory plaintiff has an obligation to assist his client in performing those duties.85 Under the circumstances of Wilmot, the existence of this fiduciary duty meant that the statutory plaintiff, who was the widow of the deceased, and the...
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3.8 Responsibility to Wrongful Death Beneficiaries
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