Who is entitled to claim?

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Who is entitled to claim?

My father passed and he had a pending asbestos personal injury case. My mother was named his executor in his Will. Who is entitled to the claim my mother, who is not his wife, or his children? I can’t get any information from the lawyer who is handling the case.

Asked on August 28, 2017 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In a situation such as this, if the plaintiff dies then their beneficiaries/heirs to the estate inherit the lawsuit. If there is a Will, then the executor (or the person named by the court as administrator of the estate if there is no Will), can continue the lawsuit on behalf of the deceased person. If the case settles, the executor/administrator distributes the proceeds to the beneficiaries and heirs.


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