Legal Question in Wills and Trusts in Georgia
My stepdad killed my mom, ad himself can I sue his estate for damages?
2 Answers from Attorneys
Possibly. You haven't given us enough information to answer you.
Your mother's estate can sue your step-father's estate for wrongful death. Since your step-father killed your mother, your step-father will be precluded from inheriting from your mother under the slayer's act. That means your step-father will be treated as having died before your mother and her assets will go to whomever is the beneficiary under her will, or if there is no will, to her children in equal shares.
However, make sure your step-father's estate has assets. A judgment when he has no funds will not be worth much. Talk to a personal injury/wrongful death attorney immediately as well as a probate attorney as you will need to probate your mother's estate too.