Attorney Jeb Butler is here to explain which member of the family gets the money in a wrongful death case in Georgia.
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► Who gets the money in a wrongful-death case in Georgia? First, the decedent or the person who dies' spouse gets some, and if the decedent also had children, then they get some too.
► If there's a spouse and one child, then each gets half. If there's a spouse and two children, then each gets one third. If there's a spouse and more children than that, then all the children get some, but the spouse gets a share that is at least one third. So if there's a spouse and children, they share it equally, except that the spouse always takes at least one third.
► If there is no spouse and there are no children, then the parents of the decedent take the money. And if there is no spouse and no children and there are no parents, then the estate of the decedent takes the money, and then it gets divided up to the next-of-kin: brothers, sisters, cousins, things like that.
► To sum it up, who gets the money in a wrongful-death case in Georgia? The spouse, at least one third; children; parents; and then estate.
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