This is the second time you posted the same question, and the answer does not change by reposting it. Yes, you backed up and you're at fault. And that is why you have insurance. If the other driver was hurt, your insurer defends you and pays claims. So stop worrying. (Note that his speeding and seat belt may weaken his claim in that your insurer may argue BOTH of you were negligent, but they'll deal with that, so stop worrying.)
Ms. Disalvo and Mr. Morgan have given you two great answers.
Let me add that I always caution people not to worry too much about the legal problems that people talk about when all they do is talk. It's not a problem until and unless someone files something in court (and it may or may not be a problem even then).
So don't stress over it. Hopefully you used a lawyer to file your probate papers. Let him or her know about this possible claim to cover your bases, but don't lose sleep.
There is no right to court appointed counsel in civil cases in Georgia, but let me stress that you NEED a lawyer and you need to get one ASAP. A lawyer may well affect the outcome.
If you cannot afford counsel, you may be able to get a pro bono lawyer through:
Georgia Legal Services Program
Savannah Regional Office
6602 Abercorn Street
Savannah, Georgia 31405
(912) 651-2180 or
I am assuming your father died in Georgia (this answer will be inaccurate otherwise). Whether or not the will is probated, the law requires that it be filed with the probate court, and you can get a copy for a nominal charge from the clerk (I believe 50 cents a page).
You posted in the wrong part of AVVO. Your post has nothing to do with personal injury. I am attempting to move it to criminal law, and while your post is unclear it sounds like you were charged with forging a prescription which is a serious charge, and you need to get offline, and into a lawyer's office to hire counsel immediately.
Most wills, and certainly 100% of those written by lawyers, contain language revoking all prior wills. So the new will, if properly written revokes the old one. And while I always advise clients to destroy all copies of the old will, the revocation is the same whether they do or do not. No one can obviously analyze the new will without seeing it, but your post makes it pretty clear that the old will probably is revoked. (A definitive answer requires looking at it).
Objections are filed in about 99% of Atlanta cases. Most are easily addressed assuming your brother doesn't waste time meeting with his lawyer. A plan with no payments will get dismissed and payments must be made as soon as a case is filed.
The person you shoud ask if your lawyer, who has been paid by you to give advice for all 60 months. Until your lawyer says otherwise, the safe answer is to keep sending payments. Any overpayment when the plan is complete will be refunded by the trustee.
I am very sorry that you lost your child. The one worst thing you can do is to talk to the insurer. They are in business to offer you as little as possible. One study showed that in general people without lawyers get 80% less than people with them. Bear in mind every statement you make will be used against you by the insurer. So get good counsel ASAP and let the attorney explore what coverages are out there (and that may also include your own).
Possibly, if the numbers work. Note that the Chapter 13 will not discharge debts but may let you catch up your bills. A downside - it may slow and complicate your settlement. Speak to your lawyer about it.