How Long Do You Have to Sue an Estate?
Taking legal action against someone who has injured or wronged you is already a complicated process under the law. However, things become even more complex when they involve a deceased person. If that person passes away, then you’re bound to wonder if it’s possible to sue a dead person in a court of law.
Indeed, you can sue a deceased person’s estate, though this legal claim is even more complicated and the law has its limitations. It is ideal to discuss your situation with an experienced lawyer who can help you navigate both state law and estate matters for these types of claims.
Hipskind & McAninch, LLC offers legal services for clients with matters involving estates and probate litigation. In this blog post, we delve into the process of probate, steps to take to sue an estate after a defendant’s death, and how a qualified attorney can help you work towards a positive outcome.
Understanding How the Probate Process and Probate Court Work
When someone dies, they leave behind an estate, or their worldly belongings that go through probate court. Upon the decedent’s death, a beneficiary or an attorney will take over the deceased’s estate.
You cannot sue someone who has died, though you can sue the decedent’s estate. The probate court will use the assets and estate to pay creditors or victims the deceased person owed compensation.
Probate will work in different ways depending on the size of the estate as well as whether or not this person had a will. In most cases, probate courts handle the creditors and taxes for the decedent. Then, the courts will follow the will, if there is one, to divide up the estate to family members or beneficiaries as specified by the wishes of the deceased in accordance with the law.
While the defendant’s passing may throw a wrench in your lawsuit, you can seek compensation. However, you must take prompt action to file a claim while the estate is still in probate. You can still file a late claim, though the estate first must go to those designated in the will first. Then, you can start the lengthy process of filing an estate claim for your compensation.
The estate representative will need to send a death notice to creditors or any person intent to file a claim. Receiving a death notification may take several months, which is more time that slips by for filing claims. Even though you can sue an estate after probate, claims become all the more complex, especially if there is no will. The claims then become intestate, requiring the courts to appoint a personal representative or power of attorney, though you can still file a lawsuit.
Steps for Suing a Deceased Person’s Estate
When you want to file a lawsuit against the estate of someone who has passed away, it requires several steps. It is highly advised to work with a lawyer in this process.
Receive Notice of Death
By law, death notices are required before you can proceed. In the event you obtain information about the death in another way, such as through obituaries or the news, you can then look through the probate court records and probate proceeding documents to get what you need.
File Claims
After you have this notice, you can file your claim with the probate courts, which will serve the personal representative of the estate and require a court hearing.
Appear in Court
If your matter with the decedent was a personal injury, you may need to be present in court. There may be an option for an alternative dispute resolution as well, though in most cases, estates tend to settle on their own.
There are times when these scenarios become murkier than usual such as with the will or notifications of death. In the event a legal document was not received in time, perhaps because the family neglected to send them, it could complicate your legal situation. The discovery of fraud and other issues regarding money may impact your claim, making it vital to discuss all of your legal options with an attorney.
Additionally, since beneficiaries are the first claims that probate will issue, there may be problems when a beneficiary sues the executor over a claim. A beneficiary can sue an executor as well if they contest the will at any time prior to it going to probate, and that executor can override a beneficiary. If any of these things happen, it can add more time to the process of recovering the money you are owed.
How Long Do You Have to Sue the Estate of a Deceased Person?
The due dates for your claim have limitations imposed by the law. It is in your best interest to adhere to the right date after receiving notification of the death of this person. Each state will vary on what is required by the law, but in general, you should have somewhere between one and three months.
The law also grants more time if you do not receive notification of death. This grants you an extension under the law for up to one year, particularly when the decedent’s loved ones did not do their part to send these notifications.
Why You Need an Experienced Lawyer to Sue an Estate
Civil law is complicated, especially when it involves estate law. When the person who harmed you dies, it is vital that you take the right steps to have the law on your side. A qualified attorney will be able to help you navigate these challenges and give you a better chance of walking away with the compensation you deserve.
You may not even be sure if you have a valid case, and you likely have many questions and concerns. When these questions and concerns arise regarding suing a deceased estate, it is ideal to discuss them with a trusted personal injury attorney. You can schedule a free consultation with Hipskind & McAninch, LLC to gain more understanding about relevant estate law to determine your next steps.
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