In a Georgia Wrongful Death case, the surviving children have the right to share the recovery with the surviving spouse. However, under Georgia law, the surviving spouse cannot receive less than one-third of the wrongful death damages (with limited exceptions). In the scenario you have described (a... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024

I'm sorry to hear about the loss of your mother and the difficulties you're facing with the wrongful death settlement. It sounds like a challenging and emotionally taxing situation. Here are some steps you can consider taking to help resolve this issue and obtain the funds you are... View More

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answered on Feb 27, 2024

You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More

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answered on Feb 23, 2024

Firstly, you may have grounds to file a wrongful death lawsuit against the individual who was racing and ultimately struck your mother. Given that the accident resulted in her death, you, as her only child, may have legal standing to pursue this claim. The lawsuit would seek compensation for... View More

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answered on Jan 8, 2024

Setting up a bank account for someone who has passed away, particularly when they were an undocumented immigrant, can be challenging. However, there are alternative solutions to consider.

Since you and your siblings are U.S. citizens, one approach could be to establish an estate or a trust... View More

You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More

An attorney would need to review the records to answer this question, but it sounds like there is brain swelling either from a traumatic brain injury (fall, accident, etc.) or a lack of oxygen to the brain, which can have many causes. I recommend contacting a medical malpractice/wrongful death... View More

A Georgia attorney could advise best, but your question remains open for four weeks. I'm sorry for the wrongful death. Some general options might include complaint, investigation, etc., depending on circumstances. A local attorney could advise more definitively after discussing in detail with... View More

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for the wrongful death. Unfortunately, it is difficult for attorneys here to respond to your request for an attorney to handle the matter. There is no solicitation on this forum. You would need to... View More

A Georgia attorney could advise best, but your question remains open for four weeks. You could reach out to your elected officials. However, many jurisdictions impose lower standards of care where emergency services are involved. Good luck

A Georgia attorney could advise best, but your question remains open for a week. It could depend on the nature of the signs and extent of obstruction of visibility they created, and who exercised control over the site. Additional details would be useful to enable a more detailed analysis. Good luck

Any time a child dies, it's tragic. Certainly, there may be a civil case (personal injury case) of some sort here, but it's hard to tell based on these facts alone. For the parent(s) or guardian of the child, a civil suit is something you could discuss with an experienced attorney. I... View More

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answered on Nov 3, 2023

A blind plea is a non-negotiated plea. The defendant and the state do not agree on what the sentence should be. On a blind plea, the prosecution will argue what the defendant should be sentenced to, and then the defense argues for what they believe the sentence should be. After, the judge will make... View More

First off, I'm sure that I speak for everyone when I say that I'm sorry for your loss. The death of a parent is a difficult thing, even without the possibility that another loved one may have caused it. That said, you have asked a complex question that is masquerading as a simple one. The... View More

Your aunt's husband or, if she wasn't married, surviving children, should contact a medical malpractice attorney in Georgia as soon as possible to investigate this matter. An MRI is usually contraindicated with someone with a pacemaker or other metal objects.

We are currently... View More

Certainly some of what you are describing could be suspicious, or it could be coincidence. On these limited facts, it's difficult to know for sure. If you have strong reason to believe that someone was negligently killed (not intentionally), consider consulting both a personal injury attorney... View More

This is a situation where it may be an excellent elder abuse case. Consult with experienced elder abuse attorneys.

I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.

In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died... View More

Your husband has predeceased his mother. What happens to husbands' inheritance will be controlled by the specific terms of the will.

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.