Legal Question in Wills and Trusts in Georgia

I am not sure how you filed without opening an estate. The estate does the suit, so the administrator needs to file and control the case. I am guessing that you did not use counsel (big mistake if that's the case). Suing a murderer is rare, because someone with a life sentence likely will never pay a judgment.

I agree with Attorney Ashman. Spouses and children can sue for wrongful death but the personal representative can get reimbursed for funeral and other expenses. And I agree that unless the murderer has lots of assets or insurance money, any lawsuit is going to be meaningless if the murderer is convicted.

Why are you under the belief that being personal representative means your brother does not have to distribute assets of the estate? Where do these ideas come from?

The job of the executor or personal representative or administrator (same job - its called an executor if there is a will, an administrator if there is no will - i just use the term personal representative as it covers all the bases) is the same no matter who serves. The job is to gather all the assets of your father, pay any just debts/valid claims of your father and then distribute what is left to the heirs under the intestacy law or beneficiaries if there is a will. Usually wrongful death proceeds (this is what a lawsuit against the murderer would be) get distributed to the spouse and children subject to the right of the personal representative to recover funeral, medical and other necessary costs arising out of the injury and death of your father. See OCGA � 51-4-5.

You need a lawyer - probably two lawyers - a probate lawyer to oversee the probate of your father's estate and a personal injury lawyer to handle the wronful death claim.