Legal Question in Family Law in Georgia
MY father passed away last year June 10, 2009. My mother and him divorced. I have an older brother that lived and still lives with my mother BUT NEVER had a relationship with my father. Now, a year later, my mom and brother are trying to sue the hospital just because they believe my father's death was wrongful, which it was not. My father was an alcoholic and a smoker ( 2-3 packs/ day) majority of his life( around 30 years). I do not agree with this because that NEVER once paid for any medical bills, funeral expenses, or anything.He did not have any insurance at all. I lived with my father all of my life and I do not want any penny from his death. I want to know if they have the capabilities to even obtain medical recorders and pursuing a case against the hospital without having my consent to do so.
Thank you,
Benjamin
1 Answer from Attorneys
Normally, once a divorce occurs, the former spouse doesn't have a wrongful death claim. However, there are exceptions.
Did your father have a will? Was he married? Did he have any other children? Who is the executor of the estate? If he wasn't married and you two are his only children, the two of you will share the net assets of his estate, including any wrongful death settlement.
If you don't move forward to become the personal representative of the estate, it is likely your brother will be appointed personal representative and move forward with the lawsuit. You don't have to participate in the lawsuit. However, if there is a settlement, you will be entitled to a portion of the net settlement.
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