Suing An Estate Executor For Personal Injury In Santa Clara
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FAQ
California Probate Codes on Suing an Estate Probate Code 551 allows for filing a lawsuit within 40 days with an additional year if the injured person was unaware of the defendant's demise.
To file the lawsuit, the plaintiff must prove the negligence or wrongful act, file the lawsuit within two years of the date of death, and show that they have suffered damages as a result of the death. Damages and compensation can be calculated based on economic, non-economic, and punitive factors.
Can You Sue a Dead Person? No, you legally cannot sue a dead person. However, you can file a lawsuit and/or creditor claim against their estate to request compensation from the deceased's assets.
Under the LRPMA 1934, eligibility very much depends on if the deceased left a Will. If they did, then the Executor of their Estate, named in the Will, is eligible to bring or continue a claim. If the deceased did not leave a Will, then a set list is followed as outlined in the Administration of Estates Act 1945.
If you have been appointed as an executor, you have the right to claim reasonable expenses back from the estate.
