My husband passed away in 2008. But a few months before he died, he was involved in a car accident.
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My husband passed away in 2008. But a few months before he died, he was involved in a car accident.
The person he hit with his car sued him this past summer, starting first with our insurance carrier, and declined their offer to settle, and is now suing the estate. The estate is currently in probate and will be settled within the next month. If the estate gets settled before the case gets settled, can the person suing come after my husband’s heirs for the settlement? Will the probate be able to be completed while the case is open?
Asked on April 12, 2009 under Estate Planning, Idaho
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
No, he can't sue the heirs -- you didn't cause the accident. I.e., anyone can sue anyone but either the court will kick out for suing the wrong defendant -- simple motion should do. In terms of lawsuits, do you have a probate attorney? If so, he/she can help you curb any issues.
The estate/probate won't finish if there is an open lawsuit. In terms of declining the offer to settle, your insurance company requires a duty of good faith and fair dealing. Further, often your insurance company hires an attorney at no cost to you to settle this, especially if you are personally sued. Nothing precludes the insurance company from upping the settlement offer. Call the insurance company and demand your counsel and that they negotiate this out.
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