my brother was killed by a crane operator that dropped something on his head, he has minor children and an ex-wife,can my mm sue3rd party

Although I do not practice law in the State of Texas, here are my initial impressions. The person who has been appointed executor of your brother's estate should consult with and/or retain a personal injury attorney -- asap. Anytime an individual's or corporations' reckless, negligent, or intentional acts cause another person's death it may give rise to an action for damages. Moreover, since the death was caused by a crane operator, there is a good chance that the construction company has a large insurance policy that can provide for recovery. The company obviously is not going to be forthcoming with information due to the relatively large liability that may arise out of this incident. However, an attorney will be able to obtain the information that you seek through the civil discovery process once a lawsuit is initiated. Therefore, the executor should consult with and/or retain a personal injury attorney to discuss the merits of this case.