A guide for families / Chapter 2
02
Who can file
It isn’t up to the family to choose. Georgia law sets the order.
| If the person who died left… | The claim is generally brought by… |
|---|---|
| A spouse (with or without children) | The spouse, who also represents the children and shares the recovery with them; the spouse receives at least one-third |
| Children, but no spouse | The children |
| No spouse or children | The parents |
| None of the above | The estate’s personal representative, for the next of kin |
Minor children
When children are minors, a guardian or conservator may be needed to protect their share.
Complicated families
Unmarried partners, children from different relationships, separated parents, stepchildren: these questions come up often, and the answers depend on the facts. We go through them with you, respectfully.
When you’re ready to talk, we’ll listen.
Free, confidential conversation with Talal Perez Ghosheh. No pressure.