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A lawsuit commenced against a person can continue against his estate after his death. The attorney for the plaintiff's estate should have filed a notice in your father's estate that there is a claim against the estate.

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Q: If your deceased father killed someone in a car accident can his estate be sued after probate?
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What happens if you and your husband die in a car accident and you do not have a will?

State probate laws will determine how the deceased's estate is distributed.


How does probate handle the sale of a home?

If the person who owned the home is now deceased, that person's estate must be probated before the home can be sold. Probate is what authorizes someone representing the estate of the deceased person to sell the home.


How do you collect on a promissory note from someone who died?

You must file a notice of lien with the Probate Court against the assets of the deceased's estate.


Who pays outstanding debts when someone has passed away?

The estate of the deceased is responsible for outstanding debts. The exact process that will be followed depends on whether the deceased outlined plans for an estate in a will or whether the entire situation has to go through probate.


How can someone find out what a deceased assets are in probate without contacting the executor?

They can obtain the accounting of the estate provided to the probate court. In the US under the Freedom of Information Act it would be a public record.


If Life Insurance policies are not part of a deceased's estate should an Executor probate an estate that is worth less than the legal fees the estate will incur to probate?

If there is no real property to convey, some states have a short form set of documents that reduce the time and cost of probate. And if there are debts owed by the deceased, it would be a good thing to probate it and get the debts resolved.


If a deceased paid no business or personal taxes will that come up in probate?

In most cases that will be a responsibility of the estate. The executor is supposed to file taxes for the deceased and the estate.


If deceased share their accounts with someone is probate needed?

Yes, the estate should go through the probate process. That makes sure all of the debts are paid and the legal requirements are met and taxes paid.


Can a landlord sue an estate after someone dies?

In most cases the debts of the deceased are the responsibility of the estate. If the landlord has a valid claim, they can bring suit to collect. Consult a probate attorney in your jurisdiction for help.


Is cash held in the deceased's name by the state until after probate exempt from estate taxes?

No.


If the deceased husband has vehicles in his name how do you get them in the spouses name?

You have to apply to a court for probate on his estate.


Are you responsible for your deceased husbands debt?

The debts of the deceased are the responsibility of the estate. The estate will resolve the debts before you get any money. Consult a probate attorney in your jurisdiction for help.