Can the Executor of an Estate File a Wrongful Death Lawsuit in Tennessee?

My brother was killed in a wreck with a big truck.  I am named in the will as the executor of his estate and the court has appointed me as the executor.    I want to file a lawsuit against the truck driver and trucking company that caused the wreck, but my brother’s wife says she is going to file it.  I don’t think my brother’s wife should be permitted to file the case because they were not living together at the time of the wreck because she had filed divorce proceedings against him six months earlier.

In Tennessee, both you and your sister-in-law have the right to file suit and if you cannot decide between yourselves who should control the litigation a judge will decide who the best person is to handle the case.   A lawyer who is experienced in wrongful death cases can guide you through this process, help you try to work this matter out with your sister-in-law, and help you persuade the court that you should take the lead on this case.

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