10/06/2026
Most families assume whoever found their loved one, or whoever felt closest to them, is the one who calls the lawyer and starts the case. Texas draws that line somewhere else entirely.
Under Texas law, only a surviving spouse, child, or parent can bring a wrongful death claim directly. Siblings can't, no matter how close they were. If none of them step forward within three calendar months after the death, the estate's executor or administrator has to take over the case instead, unless the whole family agrees otherwise.
That's the part nobody explains at the funeral. While everyone's texting back and forth about who's supposed to handle this, the window for the family to decide on their own is already closing.
If you want a second set of eyes on who should be filing on your family's behalf, call us: 800-443-6353.