Legal Question in Wills and Trusts in Georgia

No. If this is done correctly, the executor brings suit and divides things under the will. The heirs don't file separate suits. If they did, the executor may need to intervene and should have already called his lawyer.

I don't do it often but I beg to differ from Attorney Ashman here. The children can file a wrongfui death claim which seeks recovery for the life of the grandfather. See OCGA

� 51-4-2. Persons entitled to bring action for wrongful death of spouse or parent; survival of action; release of wrongdoer; disposition of recovery; exemption of recovery from liability for decedent's debts; recovery not barred by child's being born out of wedlock

(a) The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.

(b) (1) If an action for wrongful death is brought by a surviving spouse under subsection (a) of this Code section and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent.

(2) If an action for wrongful death is brought by a child or children under subsection (a) of this Code section and one of the children dies pending the action, the action shall survive to the surviving child or children.

The estate also has a claim for expenses (like funeral or medical) associated with the injury.

� 51-4-5. Recovery by personal representative for wrongful death and for certain expenses

(a) When there is no person entitled to bring an action for the wrongful death of a decedent under Code Section 51-4-2 or 51-4-4, the administrator or executor of the decedent may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin. In any such case the amount of the recovery shall be the full value of the life of the decedent.

(b) When death of a human being results from a crime or from criminal or other negligence, the personal representative of the deceased person shall be entitled to recover for the funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.

I also disagree that the wrongful death damages all go into the estate. As made clear by the above provision, the claim for the wrongful death by the heirs does NOT get distriibuted as part of the estate. This is for the heirs. Only the expenses to the estate would be part of the estate and used to pay off any funeral, medical or other expenses incurred by the estate by the death.

I do agree that the executor and the children need to be working together on this though.