Legal Question in Discrimination Law in California
Suing the dead
My father, a Hawaiian living in California, rented out rooms in his home to other men from various ethnic backgrounds. A potential tenant, a female, called about renting a room and was denied. He had just returned from dialysis and she took his attitude towards her as racist. He consequently died in November 2006 and I am still receiving letters that she is suing the estate. Can you sue a dead man?
2 Answers from Attorneys
Re: Suing the dead
Absolutely can sue an estate, but certain procedures must occur first. These include making a claim to the administrator/executor, having it denied, etc. Also, it has to be brought within 1 year of the death. If she is suing, she would have to serve the administrator/executor. If there isn't one and you receive a lawsuit, contact an attorney immediately.
It might be hard for her to prove her case, especially if he's no longer around to testify. Feel free to contact me directly if something does occur. Also, you might want to run his name through the court's online index in the county in which the property was located to see if she actually has filed suit. Many courts now maintain such an index. There are even services that will keep a watch for you.
Re: Suing the dead
Just letters, or is there a real lawsuit against the estate? A lawsuit would have to be defended, you would need to call his homeowners insurance carrier.
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