Suing an Estate

We get a lot of questions about suing someone who has passed. It is not fun to sue a dead person, but you have to do what you have to do to ensure a recovery for your client. Thankfully, you are suing the estate almost invariably in name only and there is an insurance company standing behind the lawsuit.

If the decedent had an estate, it is pretty easy: you sue the estate and serve the personal representative.

Put the Estate on Notice

Keep in mind that if you want to bring a claim against the Estate for any money beyond the insurance policy proceeds, you have to put the Estate on notice.  (I don’t feel like looking it up  but I think it is 180 days.)  Otherwise, the Estate money will be distributed and you will lose the chance of making that claim.    However, some personal injury claims instituted and served before death can proceed without notice to the Estate (but it is still a good idea to provide notice).