Who can file a survivor suit?
In Georgia, the personal representative of the deceased person’s estate, often referred to as the executor or administrator, initiates (initiates) a survivor’s suit. The personal representative may be named in the will, but if not, the court will usually appoint a family member to represent the estate. The estate includes whatever is still lawfully owned by the deceased and represents him in court proceedings.
Survival suits must be brought by the estate of the deceased person and not by their survivors. This is because compensation is being sought on behalf of the person who died for what they experienced and not for the losses their loved ones suffered as a result of the death.
Ultimately, any money secured from a survivor campaign that is not needed for medical expenses or other liens will go to the survivors. It just has to go to the estate before it is paid out.
Who gets the money from a survival campaign?
Funds secured through a survival campaign go directly to the deceased person’s estate. It is then considered an asset of the estate and treated like other items such as bank accounts, real estate and pension funds.
These assets go to the beneficiaries designated by the testator. If there is no will or no named beneficiaries, the money will be paid according to the Georgian Inheritance Law. Usually, the money goes to the spouse, children, parents, or other close family members of the deceased.
