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Thelawman2, Attorney
Category: Personal Injury Law
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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My husband was named in a personal injury lawsuit. He died

Customer Question

My husband was named in a personal injury lawsuit. He died recently and now they are serving me with papers. We were separated at the time of the accident and we had no assets together at the time of the accident. Are they suing me or his estate? Are my assets safe? To my knowledge this man had no assets to his name at the time of his death. Can you help me understand what my position is in all of this?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Thelawman2 replied 1 year ago.

Just for clarification, were your assets divided by a court order at this point? Was your marriage actually dissolved?

Customer: replied 1 year ago.
We never divorced. He moved out 4 years ago and I lost our home and cars. So when he died, nothing was left. He died Aug 2nd and this Saturday I get papers served at my mom's house. I don't understand if they are suing me or his estate and what that means for me.
Expert:  Thelawman2 replied 1 year ago.

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.

Customer: replied 1 year ago.
It sounds like they are going after his estate. They had my name on the papers maybe because I am the surviving spouse. Since we were married at the time of his death, are my assets considered apart of his estate? Thanks for you quick reply.
Customer: replied 1 year ago.
I meant your:)
Expert:  Thelawman2 replied 1 year ago.

No, they should not be. The house and cars that he owned would be part of the estate though.

Expert:  Thelawman2 replied 1 year ago.

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.

Expert:  Thelawman2 replied 1 year ago.

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