Legal Question in Personal Injury in California

Re: What estate is avail to sue when driver dies and his spouse dies also in the

We have a very similar case going at the present. There are ways to file a claim in the estate of the deceased driver and wife and go after their personal assets, such as their home. It is very important to open the estate as soon as possible if there was no probate action filed. Feel free to contact us if you are in our area for further information or visit us at our website, www.kuhnbelz.com

Re: What estate is avail to sue when driver dies and his spouse dies also in the

What you've heard is correct, but like others have pointed out, it may not be the whole story. Medical liens can be negotiated down and usually are, there may be other defendants, and the property may or may not be joint tenancy property. Even if it is, he may have had other assets from which to collect.

Re: What estate is avail to sue when driver dies and his spouse dies also in the

As all the replies indicate, your son should promptly file suit for full value recovery against the driver and his estate, and not listen to the bad advice from insurance reps. Consult a local experienced PI attorney, or contact me if interested.

Re: What estate is avail to sue when driver dies and his spouse dies also in the

There are a variety of issues involved in your case, so you should make sure that you understand them more fully before you make any sudden moves, such as settling for the policy limits with the insurance company.

California is a community property state. Depending on how the estate assets were handled with respect to the party at fault, there are possible ways to claim against the husband's estate. But you should not wait too long to claim against the estate.

The information provided to you is of a general nature. We hope this information has been helpful to you, but you should always obtain competent legal counsel who is familiar with your specific legal issues to determine the best course of action. If we can help you in the future with anything, please feel free to email or contact us at www.unalaw.com

Re: What estate is avail to sue when driver dies and his spouse dies also in the

You cannot make a claim against the wife's estate, but you can make one against the husband's. The subsequent death of the wife did not cause the husband's estate to disappear, and if it has assets you can still make a claim against them.

The wife did not instantly become the owner of the house upon her husband's death; such transfers are only complete when the probate court makes its final order. Until then it is part of the estate.

Even if the house itself is unreachable (which may well be true; I am not a probate expert and do not claim to me), there may be other assets that belonged to the husband which are part of his estate and against which you can press a claim.

Be careful about settling with the insurance company. The insurer will likely offer you the $100,000 to settle, but such a settlement will probably require you to waive any additional claims you might have against the estate.

You really should get a lawyer involved ASAP. There are a lot of mistakes a layperson could make in this situation.

Re: What estate is avail to sue when driver dies and his spouse dies also in the

first of all, we would like to offer your our deepest sympathies in respect to your son and this unfortunate situation. you should definitely consult with and retain an attorney asap on this issue, as the insurance company and/or its attorneys are mistating the law of on spouse survivorship and that you have no claim against the husband, etc....they are most likely trying to intimidate you into signing away your rights before getting aggressive representation letting you know what in fact your rights really are. if you would like a free consultation regarding ALL of your rights, please email us today directly with your contact information or call us directly at 562-983-5576. warmest regards.

Re: What estate is avail to sue when driver dies and his spouse dies also in the

Whether or not the wife is liable would depend upon the facts of your case. Was she a joint owner of the vechicle; was the husband on family business. The facts of your case would have to be fully discussed and evaluated to determine whether the wife is jointly liable.

Re: What estate is avail to sue when driver dies and his spouse dies also in the

What a tragic story.

First, there may yet be independent theories of liability agaisnt the spouse. Second, there could well be independent theories of recovery against the manufacturer of your son's vehicle. Then there may be independent theories of liability against the government authority that maintained the roads, lights, etc. at the location of the accident.

As to MediCal, it will have a lien against all amounts obtained in settlement, but that lien can be negotiated to much less than 100 cents on the dollar.

In a tragic situation like this you need to hire a lawyer who can be thorough and creative. As an example, I remember one case that was referred to me in which the injured client was a 20 year old young mother who was driving as a passenger in her husband's vehicle, her husband was driving, inebriated. He smashed into a tree and she was badly injured. There was no insurance. We collected a $250,000 settlement from Ford Motor Company based upon defective seat belt design.

Re: What estate is avail to sue when driver dies and his spouse dies also in the

The facts presented are insufficient and more needs to be done. Here's what I mean.

First, how do we know who died first, the husbank or the wife? This will make a difference.

Second, is there a will or did they die intestate?

Did they leave heirs?

Also, what makes you think that the wife had nothing to do with this accident? Perhaps they were arguing about something or even fighting moments before the crash?

I suggest you to hire a lawyer who would (1) do thorough investigation of the decedents' background, and (2) asset search.

Good luck and take care your son. Hope he feels better soon.

Re: What estate is avail to sue when driver dies and his spouse dies also in the

We offer you are deepest sympathies in respect to your son and this tragic story.

There may be independent therories of liability against the spouse, the manufacturer of both vehicles, the government that designed and maintained the roads, and others.

In addition, the house may be community property even if it was listed as joint tenants. Also, have you confirmed the house is in joint tenants. There may also be other assets that belonged to the husband.

In such a tragic situation you need to hire an experienced and creative attorney. Do not settle with the insurance company before you thoroughly investigate this matter. The insurance company will usually offer you $100,000 to settle and require you to waive any additional claims against the estate.

Furthermore, the Medi-Cal lien can be negotiated to much less than its full amount.

You should really retain an experienced and creative attorney right away. There are strict time limits for presenting claims, especially against a government entity.

If you would like a free consultation to further discuss this matter, please e-mail me with your contact information. I have over twenty-three years experience in this matters.

Warmest regards and thank you for your inquiry.

Re: What estate is avail to sue when driver dies and his spouse dies also in the

First Off, I know that for you and your family this is a tragic accident, and I wish to express my deepest sympathy to your son and your family in your time of need.

Secondly, regarding your post, I believe you were given inaccurate advice. As the other attorney's posted above, the question as to whether you can go after the home or other assetts of the deceased person who caused the accident depends upon many factors that will have to be researched by a competent law firm who has the resources to investigate and do what is necessary to get the highest possible settlement or judgement for your son.

The medical/medicare lien is negotiable and can be partially satisfied through any med-pay on your son's insurance. I have literally negotiated these liens to penny's on the dollar in some cases.

If your son is not at fault in the accident, then he will be entitled to a settlement or judgment in the case, and what he gets is directly related to the attorney you hire period.

Whatever you do, retain a COMPETENT attorney to represent you in this matter who is ready and willing to take this case to a Jury trial if need be.

My firm has the investigators, the pre-lit, and litigation department, and the financial resources to fully handle this type of case. We do hundreds of cases per year.

I am currently on vacation, however you may call me on my cell phone at 818-427-6246 for a free consultation and to discuss this matter further. Our office handles cases throughout Califorina, we do not charge any fees unless we recover for you, and we refer cases like this to doctor's who are experts in their field and who will treat on a lien basis.

If you decide to retain my firm, I will send someone out to sign you up, and we will immediatly start working on your case.

A word of caution...... Do not discuss this case with, or speak to your son's insurance company or the defendant's insurance company without retaining an attorney. Do not allow any recorded statements to be given. Everything you do now can affect your son's case.

Thank You,

Norm