Can minor children sue the surviving father over an estate after the mother is killed in a car accident?
After a district court appointed a retired judge as Guardian Ad Litem for his children, Michael Soule filed an appeal to Supreme Court of Montana. Specifically, he asked the court to decide whether a district court "abused its discretion in appointing a guardian ad litem to determine whether the pursuit of certain legal claims would be in the best interests of the Soule children."
Guardian Ad Litem Appointed
A Guardian ad litem is a person the court appoints to investigate solutions that would be in the best interests of a child.
The lawyer representing the children, in this case, designated as J.S., K.S., and R.S., felt he had a basis for claims against the father and his business.
First, let's look at how the mother died. The parents were driving to a hotel where they were staying after spending time at a tavern when their vehicle rolled, ejecting both parents. The mother died in that accident.
Police charged the mother's husband, Michael Soule, with vehicular manslaughter while under the influence. The charges were eventually dismissed due to police misconduct and loss of critical evidence.