Legal Question in Wills and Trusts in Georgia

I answered this question before. There are two different types of claims - claims by the estate for expenses incurred because of the death and claims for the death of the deceased (the valuie of his life). The former is brought by the executor; the latter by the spouse and children.

If the executor is suing for estate expenses (medical/funeral and so on) then those monies go to pay expenses. If they already have been paid in a sense then they are reimbursed to the estate and now become available for division by the heirs.

You need to stop asking questions on a public forum as it is not a substitute for consulting legal counsel. If you are one of the heirs, then you need to go first speak to the executor of the estate about what has or has not been done in the lawsuit. Failing that, then you need to talk to a GA wrongful death attorney and find out what can and cannot be recovered. The time periods are very short so if there is a claim, then it needs to be asserted now provided there are other factors warranting it. You offer no details about how the death occurred or how the defendant caused the death.

You offer conflicting information about the suit - first you say the children sued, then you say the executor then you say it was only one child. If the executor of the estate sues in his capacity as executor of the estate, then any money goes into the estate. I don't understand why only one child would be suing without the others joining in as they are necessary parties.

And I don't know who you are referring to when you said "someone said". I am not going to argue with "someone." You offer no details. It makes a difference - monies coming back into the estate go to pay any claims and once paid, then the excess monies are divided as per the terms of the will. I do not understand why only one child would be suing and why the other children have not been named. It seems to me that if all the children want to share the goodies then all should be parties to the lawsuit. In law, there usually is no rule that says one party who sues has to divide the spoils with others who were not party to the lawsuit.

Since you post no details though and because this is not really a probate question, I cannot answer as I am unfamiliar with personal injury law. I suggest that if your question is whether one child who brings a wrongful death action in his capacity as a child and NOT as executor of an estate whether said child can be compelled to share the proceeds with other children who are not parties to the lawsuit. I would have to research the issues (which no one is paying me to do) but I am sure a personal injury lawyer will know the answer.