Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Just for clarification, were your assets divided by a court order at this point? Was your marriage actually dissolved?
It is possible that the person suing your husband will try to sue his estate. If no estate was opened, then the plaintiff must have an estate opened on behalf of the would-be defendant so that there is a legal fictitious entity to defend the claim.
There should be no claim against you personally unless you were somehow involved in the personal injury. They would need to sue the estate and then try to recover damages from the estate. They should be filing a claim with the court that is handling probate of the estate. I would suggest hiring a local will/estate lawyer who can make sure that this is handled correctly if possible.
No, they should not be. The house and cars that he owned would be part of the estate though.
There really is no reason that the person should sue you. Unless the personal injury claim is excessive, the estate's assets should be sufficient.
You should try to inform the person bringing the suit that you believe this is a mistake, that you and your husband were separated, and that you had no claim to the house or cars. As a result, the house and car are going through probate. They might be suing you because they believe that the house and cars would avoid probate.
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