Yes, you as the representative of your father's estate can be sued - it is really your father that is sued post-mortem through you. You are not going to be a party in your personal capacity, but only as the representative of his estate. You need not have knowledge regarding the car accident.
Full Answer
Oct 31, 2017 · For example, if you are being sued for a breach of contract, you should probably bring your attorney all the documents you have regarding the contract. The more information you provide the attorney, the better the attorney will be able to determine the defenses that you may have in the case.
The Incredible Unpleasantness of Being a Litigant. There's nothing worse than that sinking feeling you get when you are handed a legal document that announces you're being sued. Say hello to lawyers, courtrooms, big bills, sour stomachs, and sleepless nights. Here are things you may not know about being on the receiving end of a lawsuit. 1. You ...
Feb 05, 2013 · What kind of attorney do I need of I am being sued for personal injury from an auto accident? ... The insurance company will engage a lawyer to defend you. That is part of what your premiums pay for. ... Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale ...
Feb 01, 2017 · 6 attorney answers. Yes, you as the representative of your father's estate can be sued - it is really your father that is sued post-mortem through you. You are not going to be a party in your personal capacity, but only as the representative of his estate.
The estate of a deceased person can sue or be sued. The usual practice is that the executors or personal representatives should prosecute or defend such an action on behalf of the estate, and such actions should be headed, “UVW suing as Executors of the Estate of XYZ (Deceased)”.
After collecting in the deceased's assets, the executors should take steps to settle all outstanding debts. They must pay creditors in full before distributing the estate to the beneficiaries. An executor can be held personally liable for the debts of the estate up to the value of the estate.Dec 27, 2018
To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.Dec 24, 2021
There are certain kinds of information executors are generally required to provide to beneficiaries, including an inventory and appraisal of estate assets and an estate accounting, which should include such information as: An inventory of estate assets and their value at the time of the decedent's death.Jul 26, 2021
What Types of Debt Can Be Discharged Upon Death?Secured Debt. If the deceased died with a mortgage on her home, whoever winds up with the house is responsible for the debt. ... Unsecured Debt. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. ... Student Loans. ... Taxes.
Responsibilities of an Executor The Executor is responsible for many decisions throughout the Estate administration process and has a duty, and is liable, to ensure that they act in the best interests of the Estate; and not their own.Feb 2, 2017
Yes. An executor can sell a property without the approval of all beneficiaries. The will doesn't have specific provisions that require beneficiaries to approve how the assets will be administered. However, they should consult with beneficiaries about how to share the estate.Sep 30, 2020
If an executor/administrator is refusing to pay you your inheritance, you may have grounds to have them removed or replaced. However, there may very well be legitimate reasons for the delay. Particularly, during the ongoing Covid-19 crisis.May 18, 2020
Some times beneficiaries want to see more detailed documents such as a Deceased's bank statement or pension documentation. Strictly speaking a beneficiary has no entitlement as of right to such documentation and it is your discretion as Executor whether or not to disclose it. The nature of the beneficiary's interest.Jun 19, 2019
If an agreement cannot be reached through negotiations, and a Grant of Representation has already been issued by the Probate Court, then it is possible for one Executor to apply to the Court to remove the other.Apr 10, 2019
So, what if you're left a gift in a Will? When a specific sum of money is left to a beneficiary, it's known as a Pecuniary Legacy. These beneficiaries are not entitled to see a copy of the estate accounts, and they are not, generally, entitled to more than the stated share.Jan 15, 2020
Ways an Executor Cannot Override a Beneficiary An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.May 12, 2021
If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.
If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.
If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.
If you have auto insurance put them on notice and they will hire an attorney to defend you. If not you need a lawyer that practices in the area of civil defense.
If you did not have insurance then you need to hire an attorney that handles civil matters to determine what is the best approach to take. Report Abuse.
Yes, you as the representative of your father's estate can be sued - it is really your father that is sued post-mortem through you. You are not going to be a party in your personal capacity, but only as the representative of his estate. You need not have knowledge regarding the car accident.
I suggest that you contact your uncle's insurance company which is apparently being sued by the victim's insurance company according to your post. The attorneys hired by your uncle's insurance carrier can probably advise you. You certainly have the right to have your own independent counsel present during any deposition questioning.
They may want to establish that you knew about the claim and that despite the knowledge of the open claim you distributed assets to heirs before you were sure that all liabilities were satisfied.
Contact the insurance company that your uncle had on the date of the accident.
You need to see an attorney about this matter and I have changed the practice area from probate to personal injury. Counsel definitely should review the estate's potential liability.
I was intoxicated and hit a lady from behind. She is now suing me for medical bills, lost wages and punitive damage. What kind of lawyer do I seek?
It would be advisable to speak with an attorney who handles DUI cases. You can find a DUI attorney online or in the Yellow Pages or you can get a referral from your County Bar Association to a DUI attorney in your vicinity.